April 23, 2024 - Announcements, Non-Compete

FTC Issues Final Rule Banning Non-Competes

By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode

On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in the context of a sale of business. The Final Rule will go into effect 120 days after its publication in the Federal Register. While we continue to digest the over 570 pages of the Final Rule, here are some initial observations.

Read the full client alert.

Eric Akira Tate

Co-Chair, Global Employment and Labor Practice

Eric Akira Tate co-chairs the firm’s Global Employment and Labor Group. He represents technology and other companies in bet-the-company trade secrets and employee mobility cases. Eric also represents boards of directors and companies in #MeToo and other sensitive internal investigations and disputes with executives, whistleblower, wrongful termination, discrimination and harassment, and other employment litigation.

Eric also advises companies in employment law compliance and transactional matters,

Andrew R. Turnbull

Co-Chair, Global Employment and Labor Practice

Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Cooper J. Spinelli

Partner

Cooper Spinelli is a member of the Litigation Department and part of the firm’s Employment & Labor Group. His practice focuses on trade secrets and restrictive covenants, employee mobility and executive disputes, whistleblower claims, and general business litigation.

Cooper has represented clients in both affirmative and defensive trade secret misappropriation and employee mobility cases, including cases involving related IP issues. Cooper has, for example,

Alexander Okuliar

Co-chair Global Antitrust Law Practice Group

Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission. His practice includes litigation, merger reviews, and government investigations.

“The ‘excellent’ Alex Okuliar has a broad practice taking in merger clearance, conduct investigations and antitrust litigation. He

Lisa M. Phelan

Co-chair Global Antitrust Law Practice Group

Lisa Phelan, former Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division of the U.S. Department of Justice (DOJ), is a partner and co-chair of Morrison Foerster’s Global Antitrust Law Practice Group and a member of the Investigations + White Collar Group. With more than 25 years of service at the DOJ as one of the leading authorities in criminal

Megan E. Gerking

Partner

Megan Gerking is a partner in Morrison Foerster’s Global Antitrust Law practice, specializing in government-facing antitrust matters. Megan represents companies in criminal and civil conduct investigations before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC), and state enforcers and in all phases of the merger review process before U.S. and foreign competition authorities.

Megan, a former trial attorney with the DOJ’s Antitrust Division, is

Michael Schulman

Partner

Michael Schulman is a partner in the firm’s Global Employment and Labor Group. Michael has extensive employment and labor law experience, regularly advising clients in connection with workforce related counseling, investigation, transactional, and litigation matters.

Michael represents clients in a broad range of employment and labor matters using a pragmatic, efficient, and results-oriented approach. Michael regularly guides clients through complex workforce issues, including for instance, key

Melissa M. Harclerode

Associate

Melissa Harclerode is an associate in Morrison Foerster’s Employment + Labor Group in the Washington, D.C. office.

Melissa represents companies in a broad range of employment compliance and counseling matters, with a particular focus on navigating the employment dimensions of various complex corporate transactions, including mergers and acquisitions, spin-offs, and restructurings. She also has in-depth experience negotiating and drafting various employment, separation, and restrictive covenant agreements.

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FTC Issues Final Rule Banning Non-Competes

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