Non-Compete Agreements: Insights for Surety Professionals and the Prospective FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its final rule banning nationwide a large majority of non-compete agreements, with a few, limited exceptions (the “Rule”). The Rule renders future non-compete agreements unenforceable and it would invalidate existing non-compete agreements for many workers. The Rule’s future is uncertain and when its impact may be felt is in limbo. It must first survive litigation through our Federal Court system, which has been increasingly hostile towards administrative regulation.  However, the Rule could affect a broad range of employers in the near future. This includes construction industry employers. This presentation will help  Employers stay abreast of what is to come and be ready to consider other means of protecting their competitive business interests. 

Kenny Cantrell

Attorney

Smith Currie OLES

KennyCantrell is a seasoned litigator with more than a dozen years of experience ina broad range of business and civil litigation matters. He represents owners,general contractors, subcontractors, architects, engineers and suppliers indisputes and also advises them on a variety of issues. Kenny is familiar withmany aspects of construction-related conflicts, including those involvingproperty, insurance liability and labor and employment matters. This broadknowledge base gives him a well-rounded view and an ability to handle almostany legal issue that may arise. He has put his litigation skills to use incases stemming from construction defects, negligent construction, breach ofcontract and commercial casualty actions. Kenny received his law degree fromThe University of Alabama School of Law and was the Notes Editor for the AlabamaCivil Rights and Civil Liberties Law Review.

Erica Maria Alvarado Gomez

Attorney

Smith Currie Oles

EricaMaria Alvarado Gomez represents owners, contractors and subcontractors on awide range of construction litigation matters, advising them to help achievebusiness goals and resolve problems. Prior to joining Smith Currie Oles, Ericalitigated commercial and first-party property insurance matters. Erica holds abachelor’s degree in economics from the University of Florida and a law degreefrom the University of Miami School of Law. She worked in anentrepreneurship-related internship giving her helpful insight into herclients’ businesses. Erica’s fluency in Spanish augments her excellentcommunication skills. 

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Non-Compete Agreements: Insights for Surety Professionals and the Prospective FTC Non-Compete Rule
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