Abstract
This column examines the increasing federal scrutiny of non-compete agreements by the Federal Trade Commission (FTC). It notes that both the Trump and Biden administrations have prioritized curtailing the misuse of these agreements, particularly in healthcare. The article provides practical steps for employers to audit existing agreements for reasonableness and individualization. It encourages exploring alternatives such as non-solicitation and confidentiality clauses and stresses the importance of documenting the legitimate business interests that justify any remaining non-compete requirements to withstand future regulatory scrutiny.
Recommended Citation
Schulte, Daniel JD
(2026)
"Covenants Not to Compete Are Again Being Scrutinized by Federal Regulators,"
The Journal of the Michigan Dental Association: Vol. 108:
No.
3, Article 12.
Available at:
https://commons.ada.org/journalmichigandentalassociation/vol108/iss3/12
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