Last month, the Federal Trade Commission, in a 3-1 split decision, issued a 216-page proposed rule banning non-compete agreements while seeking public comment. The proposed rule would ban contracts preventing a “worker from seeking or accepting employment … after the conclusion of the worker’s employment with the employer.” The proposed rule has several exceptions for certain employers and industries but leaves many unanswered questions. This session will explore common questions that employers and their in-house counsel have been facing, such as what is a de facto non-compete? What industries are excluded from the proposed rule? What about non-solicitation or non-disclosure agreements? Will President Biden outlaw non-competes altogether? Will there be legal challenges?