Course Level:

Intermediate

Advance Preparation:

Print and review course materials

Method of Presentation:

On-Demand Webcast

Prerequisite:

Basic Knowledge of Employment Contracts and Noncompete Agreements

Course Code:

1411214

Total Credits:

CLE Credit:

CA CLE 1.00 General - Approved Until: 07/18/2026

PA CLE 1.00 General - Approved Until: 7/18/2026

VT CLE 1:00 General - Approved Until: 12/31/2025

NJ CLE 1:00 General - Credits through Reciprocity

NY CLE 1:00 Skills - Credits through Reciprocity

AR CLE 1:00 General - Credits through Reciprocity

CT CLE 1:00 General - Credits through Reciprocity

NH CLE 1.00 General – Meets the requirements of NH Supreme Court Rule 53

MO CLE 1.00 General - Approved Until: 7/18/2024

MS CLE 1.00 General - Approved Until: 07/18/2025

Pending CLE Application:

GA, TN, WI

Self-Apply:

AL, CO, DE, FL, ID, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY

If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.

No MCLE Requirements:

DC, MD, MA, MI, SD

Not Eligible for CLE:

AK, AZ, HA, IL

Matthew Crawford, Partner
Martenson, Hasbrouck & Simon LLP

Jonathan L. Sulds, Shareholder
Greenberg Traurig, LLP

Matthew Crawford, Partner

Martenson, Hasbrouck & Simon LLP

and

Jonathan L. Sulds, Shareholder

Greenberg Traurig, LLP

• The most important takeaway is the extraordinary breadth of the rule. Outside of very narrowly defined circumstances, all non-compete agreements are going to be unlawful.
• Many of the comments submitted during the public comment period focused on the need for employers to still use non-compete agreements for high-level managerial employees. The FTC did create such an exception, but it is exceedingly narrow. It applies only to the highest level executives and is limited to agreements already in place as of the effective date of the agreement.
• Even the exception for “sale of business” is narrower than traditional common law and statutory rules regarding business sales.
• Although nominally limited to what we traditionally think of as true “non-compete agreements,” the rule could have impact on confidentiality and non-solicitation agreements. The importance of having those types of agreements exactly right is now heightened.
• Employers need to make plans to comply with the notice requirements of the law.
• The Rule is currently subject to a legal challenge. How the court rules will of course impact employer’s obligations under the new rule.

• Labor & Employment Lawyers
• Human Resources Professionals
• Chief Executive Officers
• Business Owners
• Compliance Officers
• Top Level Management
• General/In-House Counsel