FTC Ban Hurts Protection of Confidential Information

New York Law Journal
Michael J. Passarella

Head of Olshan’s Employment Practice partner Michael Passarella authored an article in New York Law Journal (subscription required) entitled “FTC Ban Hurts Protection of Confidential Information.” The article explores the non-compete ban proposed by the FTC, potential alternatives, and the legal challenges employers would face pertaining to confidentiality and trade secrets if the ban was adopted. When discussing the implications this ban would have on employers, Mike writes, “Assuming that a rule is adopted in some form, employers will look more closely at its current policies and procedures for protecting trade secrets and confidential information.” He adds, “If employers can no longer rely upon non-competes to prevent employees from immediately moving to a competitor, one can expect trade secret litigation to significantly increase, as it already has since the passage of the Defend Trade Secrets Act in 2016 and the disfavoring of non-competes in many states.”


Media Contact

Marketing Contact
Mizi Mehaj
Marketing & Administrative Manager

Jump to Page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.