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Unpacking the Upcoming FTC Non-Compete Proposal: Managing Employee Rights and Business Interests


Level: Intermediate
Runtime: 55 minutes
Recorded Date: October 02, 2023
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Agenda

  • Background
  • Non-Compete Agreements – State Trends
  • Enforcing Restrictive Covenants Generally
  • Challenges to Non-Compete Agreements and Choice of Law Provisions in the Courts
  • The Biden Administration
  • What Is in the Proposed Rule?
  • Balancing the Ban
  • Key Takeaways: How do we prepare and what do say to our CEO if this goes into effect?
Runtime: 1 hour, minutes
Recorded: October 2, 2023

For NY - Difficulty Level: For both newly admitted & experienced attorneys

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Non-compete agreements have been a longstanding practice in many industries, but concerns have arisen regarding their potential adverse effects on innovation, entrepreneurship, and the job market. However, Federal Trade Commission's (FTC) proposed regulations on non-compete agreements have created a fresh set of challenges for legal departments, especially in regard to the protection of trade secrets and potential disruptions to market competition. Join this session as our panelists explore the nuances of non-compete agreements and consider alternative approaches to better balance employee rights and business interests.

This program was recorded as part of Corporate Counsel's General Counsel Conference East held on October 2, 2023.

Provided By

General Counsel Conference
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Panelists

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Alexander Nemiroff

Partner
Gordon & Rees

Alexander Nemiroff has over 20 years of experience in all areas of labor and employment law. He is a partner in the Philadelphia office and a member of the firm’s Employment Law, Labor, Unfair Competition, Commercial Litigation, and International practice groups. He litigates cases before federal and state courts and administrative agencies, including employment discrimination, workplace technology law, wrongful discharge, wage and hour law, and other matters. He has extensive experience in cases involving non-compete issues, trade secrets, tortious interference, and related claims throughout the country. Mr. Nemiroff has represented clients before the Equal Employment Opportunity Commission, the National Labor Relations Board, and state administrative agencies. He has defended employers in unfair labor practice and representation proceedings before the National Labor Relations Board and in labor arbitrations involving discharge, discipline, and contract interpretation. He has also prosecuted and defended arbitration actions before the Financial Industry Regulatory Authority.
Throughout his career, Mr. Nemiroff has provided labor and employment law guidance to employers of every size from Fortune 500 companies to start-up ventures. He has counseled clients on compliance with state and federal leave laws, hiring and termination issues, management of the labor and employment aspects of due diligence on numerous acquisitions, reviewing and drafting employee handbooks, workplace trainings, wage payment issues, security and management of data, privacy, trade secrets, and restrictive covenants.
Mr. Nemiroff is a frequent lecturer on employment and litigation topics, speaking to a wide range of organizations, such as the Association of Corporate Counsel, the American Conference Institute, Pennsylvania Bar Institute, the Philadelphia and Suburban Healthcare Human Resources Association, the Institute of Internal Auditors, Tri-State HRMA, a division of SHRM, Lorman Education Services, the Maryland State Bar Association, the Camden County Bar Association, and the Montgomery County Bar Association. He has also written several published articles related to employment issues.

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Carlos Lopez

Vice President, General Counsel
The Vitamin Shoppe

CARLOS L. LOPEZ is Vice President, General Counsel and Corporate Secretary for Vitamin Shoppe Industries LLC in Secaucus, New Jersey. Mr. Lopez provides legal and strategic advice to senior leadership and the board of directors in all areas of the business. Much of his work focuses on the unique compliance challenges of a retailer in the dietary supplement and food space. Mr. Lopez graduated, magna cum laude, from New York Law School in 2008 and was admitted to the New York State Bar in 2009.

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Renada Williams

VP, Legal
Kenneth Cole Productions, Inc.

Dynamic and collaborative leader with demonstrated success as a trusted strategic advisor to business partners at all levels. Problem-solver adept at developing creative and practical solutions to complex business problems. Excellent communicator with a strong record of building cross-functional and industry-wide relationships.


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