Non-Compete and Confidentiality Agreements

Non-compete law appears to be taking a dramatic new direction in 2024.  The US Federal Trade Commission has issued a new rule banning non-compete agreements in almost all cases on the basis that they are essentially bad for businesses and bad for the economy.  This new rule is already under legal challenge, and until the matter plays out in the courts, employers would be wise to review any non-compete agreements they have in place and ensure that other means besides direct non-competition language are set forth in their agreements to protect their businesses.  There are viable alternatives to an outright non-compete agreement that can be beneficial to your business that remain enforceable.  Ms. Conway can review your existing non-compete agreements to see what changes you might need to make to protect your business and also be in compliance with the FTC’s new rule.  Confidentiality agreements are not affected by the FTC’s new rule.  Most businesses have at least some confidential information, and you need to protect this information from the moment you extend a job offer to any new employee with a Confidentiality Agreement.  Sharon Conway can prepare a Confidentiality Agreement as well as other business-protective agreements for employees and business partners/consultants that  protect your business.