The Biden Administration’s Executive Order: Initial Thoughts on Regulating Non-Competes

On Friday July 9, 2021, President Biden signed a much-anticipated Executive Order on Promoting Competition in the American Economy. The Order is ambitious in spirit, but its true impact on employers seems to depend on exactly how the Federal Trade Commission (FTC) interprets and applies its mandate. In this podcast, Brent Cossrow and Dave Walton, partners in the Philadelphia office of Fisher Phillips and its Employee Defection and Trade Secrets practice group, sit down to discuss their initial reactions, including questions of how the FTC projects to respond, whether the Order creates a private right of action, and how the Order might eventually be used in civil litigation.