UnCommon Law’s 5-Part Podcast Series on the FTC’s Proposed Noncompete Ban

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses.

We examine arguments for the ban, and hear from workers who have had their livelihoods crushed by covenants not to compete. We look at arguments in favor of keeping noncompete agreements, and talk with business owners who say they’re crucial for keeping trade secrets confidential and protecting business relationships. Finally, we explore a more fundamental question: Does the FTC have the legal authority to ban noncompetes nationwide?

Episode 1 — ‘She Can’t Own Me': Inside the FTC’s Proposed Ban on Noncompetes

Our first episode explores how this unprecedented proposal came to be. To understand just how out-of-the-ordinary this proposal is, we journey into the history of the agency, whose past rulemakings got them labeled the “national nanny” by the Washington Post, and even led to threats of defunding.

Featuring:

• Emily Olson, hair stylist
• Leah Nylen, Bloomberg News reporter
• Sandeep Vaheesan, legal director of the Open Markets Institute
• Evan Starr, professor at the University of Maryland

Episode 2 — A Hair Stylist and Salon’s Legal Battle: A Noncompete Case Study

This week on Uncommon Law, we’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real world. And we’ll find out what happened when employees left the hair salon and tried to strike out on their own.

Featuring:

• Heidi Hautala, hair stylist at Hair Affair on Mane
• Evan Starr, professor at University of Maryland
• Emily Olson, hair stylist
• Kylee Simonson, owner of Simonson’s Salon & Spa
• Chris Penwell, attorney at Siegel Brill

Episode 3 — Did California’s Noncompete Ban Fuel Silicon Valley Innovation?

California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or is California’s ban on noncompete agreements really a key component to Silicon Valley’s success?

Featuring:

• Evan Starr, professor at University of Maryland
• Margaret O’Mara, professor at the University of Washington
• Ronald Gilson, professor emeritus at Columbia Law School and Stanford Law School
• David Schultz, host of Bloomberg Law’s On the Merits

Episode 4 — The Case Against the FTC’s Proposed Ban on Noncompetes

In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners? Why are so many business owners so adamant that they need to be able to use noncompetes, even when other legal tools — like trade secret laws and nonsolicitation agreements — might protect companies without limiting employee mobility?

Featuring:

• Russell Beck, trade secrets and employment mobility lawyer; founder at Beck Reed Riden LLP
• Paul Dacier, EVP and general counsel at Indigo Agriculture; formerly EVP and general counsel at EMC Corporation
• Syreeta Mitchell, president and CEO of MPower Logistics

Episode 5 — If Lina Khan’s FTC Bans Noncompete Clauses, What Happens Next?

We’ve examined the policy arguments for and against a ban. Now we’ll tackle a more fundamental question: Does the FTC even have the authority to pass this rule? Or will the major questions doctrine stand in its way? The conclusion to our five-part series.

Featuring:

• Richard Pierce, professor at the George Washington University Law School
• Dan Papscun, antitrust reporter for Bloomberg Law
• Sean Heather, senior vice president at the U.S. Chamber of Commerce
• Sandeep Vaheesan, legal director at the Open Markets Institute
• Orly Lobel, professor at the University of San Diego School of Law
• Matt’s baby!

Listen and subscribe to UnCommon Law on Apple Podcasts, Google Podcasts, Spotify, Megaphone, or Audible.

And check out Season 7 of UnCommon Law, which won the American Bar Association’s Silver Gavel Award for Media and the Arts. The award recognizes outstanding work that fosters the American public’s understanding of law and the legal system. It is the ABA’s highest honor in recognition of this purpose.