With the Federal Trade Commission poised to sharply curtail non-compete clauses, litigation experts say now is the time for companies to take stock of their employment agreements.

"You want to have a clear message when the FTC or anyone else comes calling and asks, 'Why do you have these agreements?'" said John Barry, who heads Weil, Gotshal & Manges' employment litigation practice and co-authored a recent client_briefing on the issue.

Barry said companies should audit their agreements to ensure they're justifiable and reasonable in scope. Legitimate business reasons like protecting trade secrets or preserving customer goodwill can be a shield against antitrust scrutiny.