June 05, 2024

David Given Discusses Upcoming Lawsuits to FTC Noncompete Ban in Indiana Lawyer

Indiana Lawyer turned to labor and employment partner David Given to discuss upcoming lawsuits related to the Federal Trade Commission’s noncompete ban.

In “Attorneys advise clients to wait and see on FTC noncompete ban,” Given said that although the ban is scheduled to take effect in September, two federal lawsuits challenging the ban are raising questions on how employers should move forward with potential noncompete agreements.

“The rule is not in effect. There’s also no rule against enforcing noncompetes,” Given explained. “At the moment, it’s sort of status quo with respect to those, I think a lot of clients are in a wait-and-see sort of mode as to how this is all going to play out.”

Given added that employers across the spectrum, including the sales industry, will still have ways to protect themselves through nondisclosure and nonsolicitation agreements despite the potential ban of noncompetes.

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