ANALYSIS: Lawyers Are Prepping for FTC’s Final Noncompete Rule

Bloomberg Law’s most recent State of Practice Survey asked a number of commercial practitioners for their views on the Federal Trade Commission’s proposed rule banning noncompete clauses in employment agreements. Their responses reflect the uncertainty that the proposed regulation is creating, but also suggest how the industry might adapt to new guidance.

Changing Noncompete Practices?

Just over 800 attorneys responded to the survey. However, only about one-half of these practitioners deal with noncompete agreements or clauses.

Sixty-one percent of these respondents reported no changes in the way that they draft, review, or negotiate noncompete agreements or clauses—an unsurprising number that ...