Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional
Trading Secrets
JANUARY 12, 2023
The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements. Non-compete agreements have existed for centuries, and, like contracts generally, their enforceability is governed by state law.
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