Are Non-compete Agreements Dead? A Discussion with Attorney Shawn Matthew Clark

08/16/24 • 27 min

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning noncompetes. The new rule is scheduled to take effect in September 2024, but the Supreme Court has been very busy addressing the Administrative State. In the case Loper Bright Enterprises v. Raimondo, 603 U.S. ___ (2024), the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 in its June 2024 decision. Did the Federal Trade Commission have the authority to make the rule banning noncompete agreements, and how does the Supreme Court's decision impact the FTC's new rule? This and more will be discussed in the latest episode of the NYCLA's Amicus Curiae Podcast with our host, Daniel K. Wiig, and our esteemed guest, Shawn Matthew Clark.

Shawn Matthew Clark is a Partner with Littler. His employment law practices include unfair competition, trade secrets and executive compensation. Additionally, he practices in the areas of litigation, business restructuring, and M&A. He previously served in the Employment and Labor Division of the New York City Law Department. He is a graduate of Brooklyn Law School.

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The Intersection of Legal Ethics and Politics: Where Do Lawyers Draw the Line?

In our conversation with Robert Housman, former White House Assistant Director of Strategic Planning, National Office of Drug Control Policy under President Clinton (1997–2001), we take a look at the intersection of politics and legal ethics. The ethical obligations of lawyers often conflict with what is deemed appropriate for today's politicians. The integrity of the courts, the legal system, and ultimately our democracy depends on a profession that must adhere to ethical rules of conduct. We discuss the 2020 election secret strategy memo, the torture memos, and other actions that question the boundaries of ethical behavior by lawyers. Listen now for another great conversation you won't want to miss!

Robert Housman, Partner, Book Hill Partners; General Counsel, Xlear; Consultant 360 Law Group; 360 Business Law America

Next Episode

A Conversation with Honorable Rowan D. Wilson, Chief Judge of the Court of Appeals and Chief Judge of the State of New York

In this insightful episode, NYCLA's Amicus Curiae Podcast Host Daniel K. Wiig sits down with the Hon. Rowan D. Wilson, the Chief Judge of New York State and Chief Judge of the Court of Appeals, to discuss what it is like to be the Chief Judge, how he envisions his role as Chief Judicial Officer of the New York Court System, A.I. and the Courts, Court Modernization, resource allocation, and much more. The conversation delves into the complex nature of courts and the Chief Judge's efforts to ensure forward-thinking collaborative partnerships throughout the NYS Court System.

More About Chief Judge Rowan D. Wilson

On April 10, 2023, Governor Kathy Hochul nominated Judge Wilson to serve in that position, with the New York Senate confirming him on April 18, 2023. On January 15, 2017, then- Governor Andrew Cuomo nominated Judge Wilson to serve as an Associate Judge of the Court of Appeals, and the New York State Senate confirmed his nomination on February 6, 2017. In 1986, he joined the firm of Cravath, Swaine & Moore as an associate, and was elected to partnership there in 1991, in which position he continued until his appointment to the Court of Appeals. He received his A.B. from Harvard College and his J.D. degree from Harvard Law School.

View Chief Judge Rowan's The State of the Judiciary 2024 Address