Nearly two months have passed since the FTC approved its new rule banning noncompete agreements, and the ban is set to go into effect in early September 2024. Since then, many articles have analyzed the main effect of the noncompete ban, and explaining how employers should protect their business interests going forward.

The purpose of this article is to take a step back to examine the ongoing litigation surrounding the rule, and—if the ban goes into effect—anticipate future issues that will arise concerning its interpretation and application. 

Will the Ban Even Take Effect?