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Federal Trade Commission Proposes Rule to Bar Almost All Non-Compete Agreements in Contracts With Workers

By Amy Manning, Holden Brooks, Joshua Wade, John G. McDonald, Elena Marcuss, John E. Thomas, Jr., John Bishop, Casey Erin Lucier & McGuireWoods LLP on January 5, 2023
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On Jan. 5, the Federal Trade Commission proposed a sweeping rule that would bar almost all non-compete clauses in contracts with workers and in other agreements. A notice-and-comment period provides an opportunity for stakeholders to comment on the proposed rule. If adopted, the rule, which would not take effect for several months, would upend longstanding legal precedent that reasonable non-compete provisions are enforceable.

See our alert for more information about the Federal Trade Commission’s proposed rulemaking and its effect on non-compete agreements.

Photo of Amy Manning Amy Manning

Amy serves on the firm’s Executive Committee, the firm’s Board of Partners, and is chair of the firm’s Antitrust Practice Group. She also has served as managing partner of the McGuireWoods Chicago office, as co-chair of the Life Sciences Industry Group, and as…

Amy serves on the firm’s Executive Committee, the firm’s Board of Partners, and is chair of the firm’s Antitrust Practice Group. She also has served as managing partner of the McGuireWoods Chicago office, as co-chair of the Life Sciences Industry Group, and as co-chair of the firm’s Recruiting Committee.

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Photo of Holden Brooks Holden Brooks

Holden Brooks is a partner for the firm’s Antitrust, Trade and Commercial Litigation Department, where her practice focuses on mergers, complex litigation, civil and criminal enforcement, and counseling across several industries with significant experience in the area of Healthcare.

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Photo of Joshua Wade Joshua Wade

Josh is a partner in the firm’s Richmond office who focuses on antitrust law, government investigations, and complex commercial litigation. Josh has experience with a broad array of antitrust and competition issues—ranging from counseling clients through the Federal Trade Commission and Department of…

Josh is a partner in the firm’s Richmond office who focuses on antitrust law, government investigations, and complex commercial litigation. Josh has experience with a broad array of antitrust and competition issues—ranging from counseling clients through the Federal Trade Commission and Department of Justice’s merger review processes to representation of clients in criminal investigations before the Department of Justice and foreign regulators.

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Photo of John G. McDonald John G. McDonald

John is the managing partner of the Charlotte office and has practiced exclusively on the management side of labor and employment matters for more than 25 years. He regularly represents clients in employee mobility matters including counseling and litigating over non-compete, non-solicit and…

John is the managing partner of the Charlotte office and has practiced exclusively on the management side of labor and employment matters for more than 25 years. He regularly represents clients in employee mobility matters including counseling and litigating over non-compete, non-solicit and trade secret issues. John also represents employers in a wide range of employment discrimination and wage and hour matters in federal and state courts, as well as before the Equal Employment Opportunity Commission and U.S., and various State Departments of Labor. He has also represented employers in arbitrations before the American Arbitration Association and FINRA. John has represented employers in union counter-campaigns and in unfair labor practice trials before the National Labor Relations Board.

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Photo of Elena Marcuss Elena Marcuss

Elena represents management in employment and traditional labor matters. She defends employers in federal and state courts against individual and collective claims of workplace discrimination and rights violations, such as statutory claims under Title VII of the Civil Rights Act of 1964, Section…

Elena represents management in employment and traditional labor matters. She defends employers in federal and state courts against individual and collective claims of workplace discrimination and rights violations, such as statutory claims under Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), Maryland Wage Payment and Collection Law, the Sarbanes-Oxley Act (SOX), Executive Order 11246 and the National Labor Relations Act, as well as tort claims, such as wrongful discharge and defamation, and breach of contract claims.

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Photo of John E. Thomas, Jr. John E. Thomas, Jr.

John practices in the area of labor and employment. He regularly counsels employers regarding employment agreements, policies and handbooks, misappropriation of trade secrets, employee terminations, and severance agreements. With a focus on employment-related litigation, John represents employers facing claims of harassment, retaliation, and…

John practices in the area of labor and employment. He regularly counsels employers regarding employment agreements, policies and handbooks, misappropriation of trade secrets, employee terminations, and severance agreements. With a focus on employment-related litigation, John represents employers facing claims of harassment, retaliation, and discrimination under a host of employment laws including the FLSA, the FMLA, Title VII, the ADA, and the ADEA. Moreover, he has experience representing employers facing claims concerning defamation, breach of employment contracts, and covenants not to compete.

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Photo of John Bishop John Bishop

John’s practice focuses on all aspects of labor and employment law. As a litigator, John defends employers facing lawsuits under various federal and state laws and regulations, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA)…

John’s practice focuses on all aspects of labor and employment law. As a litigator, John defends employers facing lawsuits under various federal and state laws and regulations, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act.

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Photo of Casey Erin Lucier Casey Erin Lucier

Casey is a partner for the firm’s nationally recognized Government Investigations and White Collar Litigation Department, representing companies and individuals in government and internal investigations as well as complex commercial litigation. She has particular experience advising on antitrust and anti-corruption matters and has…

Casey is a partner for the firm’s nationally recognized Government Investigations and White Collar Litigation Department, representing companies and individuals in government and internal investigations as well as complex commercial litigation. She has particular experience advising on antitrust and anti-corruption matters and has successfully defended both corporate clients and individuals in connection with criminal antitrust cartel investigations as well as other types of criminal investigations by the U.S. Department of Justice.

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McGuireWoods LLP

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically…

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.

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  • Posted in:
    Employment & Labor
  • Blog:
    Subject to Inquiry
  • Organization:
    McGuireWoods LLP
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