Aug 16, 2024
On April 23, 2024, the Federal Trade Commission (FTC) issued
a final rule banning noncompetes. The new rule is scheduled to
take effect in September 2024, but the Supreme Court has been very
busy addressing the Administrative State. In the case Loper
Bright Enterprises v. Raimondo, 603 U.S. ___ (2024), the
Supreme Court overruled
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.,
467 U.S. 837 in its June 2024 decision. Did the Federal
Trade Commission have the authority to make the rule banning
noncompete agreements, and how does the Supreme Court's decision
impact the FTC's new rule? This and more will be discussed in the
latest episode of the NYCLA's Amicus Curiae Podcast with our host,
Daniel K. Wiig, and our esteemed guest, Shawn Matthew
Clark.
Shawn Matthew Clark is a Partner with Littler. His employment law practices include unfair competition, trade secrets and executive compensation. Additionally, he practices in the areas of litigation, business restructuring, and M&A. He previously served in the Employment and Labor Division of the New York City Law Department. He is a graduate of Brooklyn Law School.