Manage episode 357383869 series 3276400
Questions are already beginning to arise as to not only the substantive benefits of such a ban, but also the FTC's underlying authority to enact this rule. As a threshold matter, the FTC's ability to engage in UMC rulemaking is somewhat unclear – the statutory basis for this authority is hotly disputed and very likely to be challenged. The FTC's assertion that the rule would supersede contradictory state laws is also likely to draw challenges. Moreover, many have raised concerns that the proposed rule – which the FTC argues would immediately impact about 20% of the U.S. workforce – runs afoul of the major questions and nondelegation doctrines. Additionally, there are questions regarding how such a rule would ultimately impact employees, employers, and the workforce more broadly – in particular, whether such a ban is more likely to enhance or impair innovation. Our experts will discuss the genesis of the FTC's proposed ban on noncompete agreements, including the statutory and empirical evidence underpinning the rule, as well as what we can expect in the coming months and years as the FTC moves towards adopting and enforcing the rule.
Svetlana Gans, Partner, Gibson, Dunn & Crutcher, LLP
Rahul Rao, Deputy Director, Bureau of Competition, Federal Trade Commission
Corbin Barthold, Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Diana Furchtgott-Roth, Director, Center for Energy, Climate, and Environment and The Herbert and Joyce Morgan Fellow in Energy and Environmental Policy, The Heritage Foundation
Justin (Gus) Hurwitz, Professor of Law and the Menard Director of the Nebraska Governance and Technology Center, University of Nebraska College of Law
Matthew Sipe, Assistant Professor of Law, University of Baltimore
Evan Starr, Associate Professor, Robert H. Smith School of Business, University of Maryland
Moderator: Elyse Dorsey, Partner, Kirkland & Ellis LLP
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.