Covenants Not to Compete Committee

  • 1.  FTC Workshop on Non-Competes

    Posted 01-07-2020 05:59 PM
    ​For the information of the Committee, Observers and Advisors,

    The Federal Trade Commission is conducting a workshop on Non-Compete Agreements on Thursday, December 9, 2020 at 8:30 am - 5:30 pm ET which will be webcast and accessed on the following site that day:

    https://www.ftc.gov/news-events/events-calendar/non-competes-workplace-examining-antitrust-consumer-protection-issues

    8:30-8:35 am

    Welcome and Introductory Remarks

    Bilal Sayyed
    Director, Federal Trade Commission, Office of Policy Planning

    8:35-9:05 am

    Statutory and Judicial Treatment of Non-Compete Clauses

    Orly Lobel
    Warren Distinguished Professor of Law and Director of Employment and Labor Law Program, University of San Diego School of Law

    9:05-9:20 am

    Applying State and Federal UDAP Principles to Non-Compete Clauses

    William E. Kovacic
    Professor and Director of Competition Law Center, George Washington University Law School

    9:20-9:35 am

    Break

    9:35-11:05 am

    Panel 1: FTC Authority to Address Non-Compete Clauses

    Panelists:
    Jane Flanagan
    Visiting Scholar, IIT Chicago-Kent College of Law
    William E. Kovacic
    Professor and Director of Competition Law Center, George Washington University Law School
    Orly Lobel
    Warren Distinguished Professor of Law and Director of Employment and Labor Law Program, University of San Diego School of Law
    Eric A. Posner
    Kirkland & Ellis Distinguished Service Professor of Law, University of Chicago Law School
    Damon A. Silvers
    Director of Policy and Special Counsel, AFL-CIO
    Randy M. Stutz
    Vice President of Legal Advocacy, American Antitrust Institute

    Moderators:
    Sarah Mackey, Acting Deputy Director, Federal Trade Commission, Office of Policy Planning
    Jacob Hamburger, Attorney, Federal Trade Commission, Office of Policy Planning

    11:05-11:20 am

    Break

    11:20-11:30 am

    Remarks

    Rebecca Kelly Slaughter
    Commissioner, Federal Trade Commission

    11:30-12:00 pm

    Effects of Non-Compete Clauses: Economic Literature Review

    Ryan Nunn
    Fellow in Economics Studies and Policy Director for the Hamilton Project, Brookings Institution

    12:00-1:00 pm

    Lunch Break (on your own)

    1:00-2:30 pm

    Panel 2: Effects of Non-Compete Clauses: Analysis of the Current Economic Literature and Topics for Future Research

    Panelists:
    Kurt J. Lavetti
    Associate Professor of Economics, Ohio State University
    Ryan Nunn
    Fellow in Economics Studies and Policy Director for the Hamilton Project, Brookings Institution
    Evan Starr
    Assistant Professor of Management & Organization, Robert H. Smith School of Business, University of Maryland
    Ryan Williams
    Finance Professor, University of Arizona

    Moderators:
    John McAdams, Economist, Federal Trade Commission, Bureau of Economics

    2:30-2:45 pm

    Break

    2:45-2:55 pm

    Remarks

    Noah Joshua Phillips
    Commissioner, Federal Trade Commission

    2:55-3:25 pm

    Federal Rulemaking Process: Key Principles and Considerations

    Aaron L. Nielson
    Professor, Brigham Young University Law School

    3:25-5:25 pm

    Panel 3: Should the FTC Initiate a Rulemaking Regarding Non-Compete Clauses?

    Panelists:
    Sally Katzen
    Professor of Practice and Distinguished Scholar in Residence, New York University School of Law
    Kristen C. Limarzi
    Partner, Gibson, Dunn & Crutcher
    Aaron L. Nielson
    Professor, Brigham Young University Law School
    Richard J. Pierce, Jr.
    Lyle T. Alverson Professor of Law, George Washington University Law School
    Howard Shelanski
    Professor, Georgetown University Law Center

    Moderators:
    Derek Moore, Attorney Advisor, Federal Trade Commission, Office of Policy Planning
    Kenny Wright, Legal Counsel, Federal Trade Commission, Office of General Counsel

    5:25-5:30 pm

    Closing Remarks

    Sarah Mackey
    Acting Deputy Director, Federal Trade Commission, Office of Policy Planning



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    Stephen Chow
    Massachusetts Delegation
    Boston MA
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  • 2.  RE: FTC Workshop on Non-Competes

    Posted 01-15-2020 05:46 AM
    Thanks for posting this, Steve.  I think you meant January 9, 2020 (last Thursday), rather than December 9, 2020.  Hopefully, the project will have progressed by then. 

    Great to see your name on the program, Jane!  (I have no idea if she'll see this message.)  I look forward to viewing the streamed content.  Did anyone else on the Study Committee (including Advisors and Observers) attend?

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    Keith Rowley
    William S. Boyd Professor of Law
    Nevada Delegation
    Las Vegas NV
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