Lexblog featured the article, “FTC Commissioner Christine Wilson, the Lone Dissenting Voice on the FTC’s Proposed Noncompete Ban, Resigns,” authored by Erik W. Weibust, Member of the Firm in the Litigation & Business Disputes practice, in their “Monthly Wrap Up: Noteworthy Trade Secret and Restrictive Covenant Posts, Cases and Developments,” by John Marsh.
Following is an excerpt:
The potential impact of the FTC’s proposed ban on noncompetes continues to reverberate through the legal and business communities and bipartisan federal legislation has been introduced in Congress so I am emphasizing developments there, rather than leading with the past month’s DTSA decisions …
Latest on the FTC’s Proposed Ban on Noncompetes and Overly Broad NDAs:
The other big news last week was the so-called “noisy exit” of FTC Commissioner Christine Wilson from the FTC, an exit punctuated by a pointed op-ed piece in The Wall Street Journal asserting that FTC Chair Lina Khan has disregarded the rule of law and due process in her management of the FTC. As you will recall, Commissioner Wilson, the lone Republican appointee to the FTC, dissented from the FTC’s proposed ban last month. Her dissent provided a roadmap of the potential legal and administrative infirmities of the proposed rule that will likely be used by employers and other stakeholders opposing the ban. Kate Perrelli and Dan Hart provide their take on her resignation in a recent post for Seyfarth’s Trading Secrets Blog and Erik Weibust provides his take as well for Epstein Becker’s Trade Secrets & Employee Mobility Blog.
