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employees). We currently recommend using all of those
modalities, and making sure that agreements have been
properly drafted to the current legal standards in your
tools as an employer to protect the investment that you
have made in your employees and customers.
state. Even the best documents from a decade ago will
need to be reviewed to ensure compliance, as many
Q: What are non-disclosure and non-solicitation clauses,
states invalidate contracts that seek protection over and
and if enacted, would the FTC’s Rule, as it is currently
written, ban these clauses as well?
if your “airtight” agreement is too broad, a court may
strike it down.
A: Non-disclosure provisions protect a company’s above what your company actually needs. In other words,
conﬁ dential or otherwise sensitive information from
EDM Today thanks Mr. Kubiak for his insight.
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disclosure by a departing employee. Properly drafted,
You can access Mr. Kubiak’s article(s) in full at
they provide additional protection beyond the statutory
www.amundsendavislaw.com/professionals-craig-kubiak.
protection of trade secrets. Non-solicitation provisions
Resources and Insights. For further information on
prohibit a departing employee from soliciting customers
this topic or for clariﬁ cation of issues, Craig Kubiak
or employees. The current rule does not prohibit these
can be contacted directly at 920-750-5049 or
provisions.
CKubiak@amundsendavislaw.com.
Q: Are there steps employers can take now to prepare
As always, you can reach Legal News and Views at
for what seems like an inevitable change?
or for questions you would like to be addressed in
A: The law in this area is in transition, no doubt. We
future articles.
recommend a balanced approach incorporating all three Betsy@EDMTodayMagazine.com to reach the author
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construed as legal advice on any subject matter. This article does not create an attorney client relationship, nor will any recipient of this article be deemed a client of
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EDM Today, Fall 2024 Issue
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