Partner Don Schroeder was quoted in a World at Work article entitled “Biden’s Executive Order Could Extinguish Non-Compete Agreements,” which discusses President Biden’s executive order on noncompete agreements that aims to promote more competition in the US economy.
Schroeder said that while the executive order clearly emboldens the FTC to regulate non-competes, it’s unclear to what extent they would be able to do so. “There is a question on jurisdictional authority to actually delve into the issue of non-competes in the private sector,” he said. “Depending on what kind of guidance they issue, I suspect it will be subjected to a round of litigation by various business groups.”