Preparing for the FTC’s Non-Compete Ban: Essential Compliance Checklist

August 12, 2024

With the Federal Trade Commission’s Final Rule set to ban noncompete agreements nationwide from September 4, 2024, employers must act swiftly to ensure compliance. This article, prepared by McDermott Will & Emery partners Andrew C. Liazos, Brian Mead, Heidi Steele, and Aaron P. Sayers, provides an essential checklist for companies to review and adjust their noncompete practices.

Some highlights of the checklist include:

• Identify and review all existing contracts containing noncompete provisions.
• Determine if these contracts affect senior executives and what actions are needed if the rule is upheld.
• Consider modifications to ensure compliance and protect company interests.
• Evaluate whether future equity award structures need adjustment in light of the new rule.

To read the entire checklist in-depth, click here.

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