Are Non-compete Agreements Dead? A Discussion with Attorney Shawn Matthew Clark

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.