Judicially restrains employees with non-compete pacts — once more

Alas, the ultimate verdict on determining intricate policies now lies in the hands of the judges. It fills me with excitement. This marks another segment in the everlasting discussion on the distribution of authority between federal organizations and the judiciary. Considering recent legal decisions, particularly by the Supreme Court, my joy has faded.

Correspondingly, the FTC is facing dissatisfaction. Presumably, they will file an appeal. (My optimism for their success before the prevailing Supreme Court is scarce.) Regardless, the FTC will persist in tackling non-compete agreements via individual punitive actions. The probability of substantial success is meager, but we continue to hold onto hope.

As the FTC mulls over their forthcoming actions, the predicament of non-compete agreements persists in ambiguity for both companies and staff. I anticipate companies will retain their agreements until forcibly relinquished by either the FTC or the judiciary.

About Author

AndyC

Andy Curtis is an award-winning security consultant, researcher and public speaker. He has been working in the computer security industry since the early 1990s, having been employed by state and federal government, leading healthcare and banking providers across three continents. He has given talks about computer security for some of the world’s largest companies, worked with law enforcement agencies on investigations into hacking groups, and is a regular voice on TV and radio explaining IT security threats.

See author's posts