Webcast: The FTC’s Non-Compete Rule

Webcasts | May 2, 2024

On April 23, 2024, the Federal Trade Commission released a new rule outlawing the vast majority of non-compete agreements in the United States. This webinar provides an overview of the rule and its ramifications, discusses recommended next steps for businesses, and discusses legal challenges to the rule.

PANELISTS:

Michael Collins is a partner in Gibson Dunn’s Washington, D.C. office and Co-Chair of the Executive Compensation and Employee Benefits Practice Group. His practice focuses on all aspects of employee benefits and executive compensation. Michael’s practice runs the full gamut of tax, ERISA, accounting, corporate, and securities law aspects of stock option, SAR, restricted stock, and employee stock purchase plans; tax-qualified retirement plans, nonqualified deferred compensation; SERPs; executive employment agreements, golden parachutes and other change in control arrangements; severance, confidentiality, and noncompete contracts; performance bonus and incentive plans; director’s pay; rabbi trusts; split dollar life insurance; excess benefit and top hat plans; and the like. He represents both executives and companies in drafting and negotiating employment arrangements. Michael is a member of the District of Columbia bar.

Andrew Kilberg is a partner in Gibson Dunn’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. Andrew is a member of the District of Columbia and Virginia bars, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals.

Julian W. Kleinbrodt is a partner in Gibson Dunn’s San Francisco office. He practices in the firm’s Litigation Department and is a member of the firm’s Antitrust and Competition Practice Group as well as the firm’s Labor & Employment Group. Julian has experience handling a wide variety of antitrust matters through trial and appeal. He has particular experience with claims involving price-fixing, monopolization, attempted monopolization, refusals to deal, tying, bundling, exclusive dealing, disparagement, market allocation and division, and no-poach provisions. For example, Julian was part of a team that defended a major technology company in a multi-week bench trial dubbed the “Super Bowl of Antitrust.” Julian has additional experience representing clients in civil and criminal investigations by the U.S. Department of Justice and Federal Trade Commission. He also regularly counsels clients on antitrust compliance and has authored multiple articles on competition issues.

Kristen Limarzi is a partner in the highly acclaimed Antitrust and Competition Practice Group of Gibson Dunn, based in Washington, D.C. Recognized as “Dealmaker of the Year” for 2023 by Global Competition Review, Kristen leverages her experience as a top government enforcer to represent clients in merger and non-merger investigations before the DOJ, the Federal Trade Commission, and foreign antitrust enforcers, as well in as appellate and civil litigation. Prior to joining the firm, she served as a top enforcement official in the U.S. Department of Justice’s Antitrust Division. As Appellate Section Chief, she was responsible for litigating appeals in the Division’s civil and criminal enforcement actions and participating as amicus curiae in private antitrust actions. While serving in the Antitrust Division, Kristen also helped to develop Division policies on a wide range of issues, including the agency’s Antitrust Guidance for Human Resources Professionals in 2016.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Webcast: The FTC’s Non-Compete Rule

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