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Noncompetes After the FTC Reversal: What Employers Must Know Now

The FTC withdrew its noncompete ban, but employers face heightened enforcement scrutiny requiring updated drafting strategies and state law compliance.

2026-03-06 13:00:00

Program Details

2026-03-06 13:00:00

2026-03-06 13:00:00

2h CLE Credits

Program Details

2026-03-06 13:00:00

Program Details

2026-03-06 13:00:00

Over 1,000+ webinars

2026-03-06 13:00:00

Course Overview

Navigating Noncompete Agreements After FTC Withdrawal

2026-03-06 13:00:00

Participants will learn to draft compliant restrictive covenants while navigating heightened FTC scrutiny and evolving state laws. These strategies protect employer interests without triggering federal enforcement actions.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
FTC Authority
The FTC’s noncompete ban was challenged, enjoined, and ultimately withdrawn.
02
Enforcement Shift
The FTC now pursues case-by-case investigations targeting overbroad noncompete agreements.
03
State Laws
State noncompete laws vary widely, with California imposing an absolute ban.
04
Rule of Reason
Noncompetes face analysis balancing employer interests against worker hardships.
05
Drafting Standards
Agreements must be narrow in time, geography, and scope of activities.
06
Alternative Protections
Non-disclosure, trade secrets, and non-solicitation agreements offer protective alternatives.

Program schedule

clock 1:00 pm - 1:20 pm EST

FTC's Original Justification and Legal Authority Challenges

This session examines the FTC’s rationale for banning noncompete agreements, including claims of worker exploitation and negative impacts on innovation. We’ll explore the contested legal authority under Sections 5, 6G, and 18 of the FTC Act and why the rulemaking faced immediate skepticism.

Courtney Lytle SarnowCourtney Lytle Sarnow
clock 1:20 pm - 1:40 pm EST

Federal Court Injunction and Rule Withdrawal

Learn how the Ryan v. FTC decision led to a nationwide injunction blocking the ban before it took effect. This session covers the court’s detailed analysis of FTC authority limitations and how the change in administration resulted in the rule’s September 2025 withdrawal.

Courtney Lytle SarnowCourtney Lytle Sarnow
clock 1:40 pm - 2:00 pm EST

Current FTC Enforcement Under Section 5 Claims

Discover how the FTC’s case-by-case enforcement approach fundamentally changes employer risk assessment. Chairman Ferguson’s ‘education through enforcement’ philosophy means overly broad noncompetes now risk federal investigation, not just unenforceability.

Courtney Lytle SarnowCourtney Lytle Sarnow
clock 2:10 pm - 2:40 pm EST

State Noncompete Laws and Post-Withdrawal Reforms

Navigate the complex patchwork of state regulations, from California’s absolute ban to New York’s Trapped at Work Act. This session addresses income thresholds, profession-specific exemptions, and strategies for multi-state compliance.

Courtney Lytle SarnowCourtney Lytle Sarnow
clock 2:40 pm - 3:10 pm EST

Best Practices for Drafting Compliant Restrictive Covenants

Master practical drafting strategies that protect legitimate business interests while minimizing FTC scrutiny and employee burden. Explore alternative protections including trade secrets, non-solicitation agreements, garden leave provisions, and intellectual property strategies.

Courtney Lytle SarnowCourtney Lytle Sarnow
Courtney Lytle Sarnow

Courtney Lytle Sarnow

CM Law

Courtney Lytle Sarnow

Courtney Lytle Sarnow

CM Law

Courtney Lytle Sarnow is a partner in the Atlanta office of CM Law with more than twenty-five years of experience in a broad-based transactional practice focused on intellectual property and technology. Known for a creative, problem-solving approach, she helps growth-focused, technology-forward companies — along with artists, inventors, and entrepreneurial ventures — accomplish their goals within an informed legal framework rather than simply cataloguing what they cannot do.

Education & Credentials

Ms. Sarnow holds an LLM from Temple University School of Law, a JD from Emory University School of Law, and a BA from the University of Virginia. She is admitted to practice in Georgia, and her practice areas span Corporate and Business Services, Intellectual Property (including IP Transactions and Licensing), Mergers and Acquisitions, and Technology.

Recognition & Leadership

A recognized voice on intellectual property and technology law, Ms. Sarnow authored the May 2026 Law360 analysis "High Court's Cox Ruling Preserves Existing ISP Copyright Liability Standards" and presented "Can Creators Protect Their IP in the Era of AI" at the Federal Bar Association. She is the author of Skills and Values: Intellectual Property (Lexis Publishing, 2011) and the forthcoming Negotiate Like a Ninja (Vanderplas Publishing).

Professional Involvement

For more than two decades, Ms. Sarnow has taught as an Adjunct Professor of Law at Emory University School of Law, offering courses in Copyright Law, Negotiations, and Intellectual Property. She is a longtime presenter at DragonCon (2007–present) on copyright and technology law, including intellectual property in game design, and has spoken at the Southern Interactive Entertainment and Game Expo and numerous bar and academic conferences.

Experience

Ms. Sarnow began her career at Dow, Lohnes & Albertson in Atlanta, working in the Mergers & Acquisitions Group and in IP Licensing. She has also practiced at Booth, Wade and Campbell, served as a Teaching Fellow at Temple University School of Law, and continues to teach as an Adjunct Professor of Law at Emory.of Extraterritorial Jurisdiction in Antitrust: From American Banana to Hartford Fire" (24 Syracuse Journal of International Law and Commerce 41, 1997).
Courtney Lytle Sarnow

Courtney Lytle Sarnow

CM Law

Courtney Lytle Sarnow is a partner in the Atlanta office of CM Law with more than twenty-five years of experience in a broad-based transactional practice focused on intellectual property and technology. Known for a creative, problem-solving approach, she helps growth-focused, technology-forward companies — along with artists, inventors, and entrepreneurial ventures — accomplish their goals within an informed legal framework rather than simply cataloguing what they cannot do.

Education & Credentials

Ms. Sarnow holds an LLM from Temple University School of Law, a JD from Emory University School of Law, and a BA from the University of Virginia. She is admitted to practice in Georgia, and her practice areas span Corporate and Business Services, Intellectual Property (including IP Transactions and Licensing), Mergers and Acquisitions, and Technology.

Recognition & Leadership

A recognized voice on intellectual property and technology law, Ms. Sarnow authored the May 2026 Law360 analysis "High Court's Cox Ruling Preserves Existing ISP Copyright Liability Standards" and presented "Can Creators Protect Their IP in the Era of AI" at the Federal Bar Association. She is the author of Skills and Values: Intellectual Property (Lexis Publishing, 2011) and the forthcoming Negotiate Like a Ninja (Vanderplas Publishing).

Professional Involvement

For more than two decades, Ms. Sarnow has taught as an Adjunct Professor of Law at Emory University School of Law, offering courses in Copyright Law, Negotiations, and Intellectual Property. She is a longtime presenter at DragonCon (2007–present) on copyright and technology law, including intellectual property in game design, and has spoken at the Southern Interactive Entertainment and Game Expo and numerous bar and academic conferences.

Experience

Ms. Sarnow began her career at Dow, Lohnes & Albertson in Atlanta, working in the Mergers & Acquisitions Group and in IP Licensing. She has also practiced at Booth, Wade and Campbell, served as a Teaching Fellow at Temple University School of Law, and continues to teach as an Adjunct Professor of Law at Emory.of Extraterritorial Jurisdiction in Antitrust: From American Banana to Hartford Fire" (24 Syracuse Journal of International Law and Commerce 41, 1997).

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
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Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Pending
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Pending
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Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs