Speier Quoted in Power Briefing on U.S. Noncompete Ban

Media Commentary

May 2024

Jared Speier, a partner in the employment law practice at Stradling, was quoted in the Power Briefing article,  "U.S. Noncompete Ban: protecting company interests if or when it goes through." Speier highlighted the legal challenges facing the rule banning noncompete agreements. Speaking about the lawsuits filed against the FTC ruling, Speier mentioned that they challenge the authority and constitutionality of the decision, requesting an injunction. He also pointed out the potential delays in the rule coming into effect due to the ongoing legal disputes.

In terms of protecting company interests, Speier recommended focusing on the confidentiality and trade secret agreements with employees. Emphasizing the importance of strong confidentiality agreements to shield trade secret information, he advised companies to ensure their existing employment agreements, especially those with senior executives, are robust to cope with potential regulatory changes. Additionally, Speier discussed the relevance of inevitable disclosure rules in enforcing trade secret agreements, highlighting the importance of understanding state-specific regulations. 

Speier's underscored the significance of taking proactive measures to safeguard intellectual property amid regulatory uncertainties, highlighting the importance of strong legal agreements and compliance strategies stating that,"if this noncompete ban goes into effect, that’s going to be your shield,” he said. “Having strong confidentiality agreements, protecting all of your trade secret information, your business plans, your customer information and all that stuff.” to protect companies from potential risks and legal challenges

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