Unintended Consequences of Banning Noncompete Agreements

By Michael Geibelson, Stephen Safranski, and Michael Pacelli

March 2023

With President Joe Biden's urging as recently as the State of the Union address, the Federal Trade Commission's (FTC) proposed rule to ban all noncompete agreements (NCAs) continues to move closer to adoption. The proposed rule would outlaw any attempt to enter into, maintain, or represent to workers that they are subject to a noncompete—it would also require employers to notify workers that their non-competes are no longer enforceable.

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Michael A. Geibelson


Managing Partner, Los Angeles and Silicon Valley Offices

Stephen P. Safranski


Co-Chair, Antitrust and Trade Regulation Group

Michael Pacelli

Former Associate

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