Alexander Okuliar

May 2, 2024 | jdsupra.com | Megan Gerking |Alexander Okuliar |Lisa Phelan

Potential Exceptions Status Under Final Rule FTC Comments/Rules Sale of Business Not prohibited Codified in § 910.3 – The exception “shall not apply to a noncompete clause that is entered into by a person pursuant to a bona fide sale of a business entity,[3] of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets” Note that the Final Rule does not contain the 25% ownership threshold that the FTC included in its proposed...