The FTC’s nationwide ban is gone, but enforcement pressure is not. Noncompetes that cannot be justified are increasingly a liability. Employers should act now to review their agreements and ensure they are defensible under both federal and state law. Contact Meridian Law to review your agreements or discuss any questions you may have.

In a recent article published in the Tennessee Bar Journal, Tom Shumate examines the 3-2 Federal Trade Commission decision which narrowly approved the issuance of a revised final rule (“Rule”) that prohibits most post-employment noncompete agreements nationwide. While this action was immediately met with cheers by most employees and jeers by most employers, Tom discusses how its immediate, short-term impact may be overstated.

Attorney’s Fees Alone Can Constitute Damages for Inducement to Breach a Non-compete