The FTC’s rule banning most covenants not to compete (widely known as “noncompetes”) nationwide is likely dead.

Noncompetes are agreements between employees and employers in which the employee promises not to “compete” with the employer – e.g., take a job with a competitor or start a competing business-- for a specific period of time and/or within a particular geographic area should the employment relationship terminate.

The FTC rule banning noncompetes is unlikely to survive for two reasons.

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