A proposed FTC rule will change how companies do business — and how law firms give advice for the foreseeable future.

On this episode of the Deal-by-Deal podcast, host Greg Hawver invites guest Holden Brooks, a partner at McGuirewoods, to share insights on recent developments for noncompetes and restrictive covenants based on the recently proposed rules.

The current review period will invite comments; challenges in federal courts are likely. If approved, companies will need to be in compliance within 180 days.

Holden says that companies need to begin preparing for a new landscape. “Getting wise about alternatives to noncompetes, being smart about using noncompetes that are narrowly tailored, and thinking about the long-term,” she says. “What's your strategy in a world where noncompetes may not exist or may be more vulnerable? What kind of opportunities does that present?”

Later on in the episode, the conversation pivots to private equity investment in the energy space with McGuirewoods partners Tom DeSplinter, Eddy Daniels, and Brian Kelly. They review the opportunities for independent sponsors in the energy space and within the Inflation Reduction Act.

Meet Your Host

Name: Gregory Hawver

Title: Partner at McGuireWoods

Specialty: Greg represents private equity and strategic clients in a wide variety of change-of-control transactions, minority equity investments, domestic and cross-border acquisitions, recapitalizations, joint ventures, and corporate reorganizations, as well as advising clients on day-to-day corporate matters.

Connect: LinkedIn

Acquired Knowledge

Top takeaways from this episode

The rules for noncompetes are changing. The government had been signaling in the past year that it is looking to make changes to noncompetes. The proposed rule by the FTC takes the position that noncompetes are harmful and should be banned. Holden expects that, in the next 60 days, both sides will weigh in with comments, and challenges to the rule that may arise that affect the final outcome.
Businesses need to review how they are using noncompetes. No matter what the FTC outcome is, there is going to be more scrutiny and focus on noncompetes going forward. Businesses need to consider how they can keep their noncompetes narrow, if they can use other protections instead of a noncompete, and weigh their long-term value before implementing them.
The Inflation Reduction Act provides opportunity through tax credits. The act extends the tax credit scheme further than was initially expected and opens up opportunities in new areas for energy, like batteries that were previously excluded. It also expands on how to monetize tax credits so they don’t always have to be marketed to a tax investor.

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This podcast was recorded and is being made available by McGuireWoods for informational purposes only. By accessing this podcast, you acknowledge that McGuireWoods makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured in the podcast. The views, information, or opinions expressed during this podcast series are solely those of the individuals involved and do not necessarily reflect those of McGuireWoods. This podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state and should not be construed as an offer to make or consider any investment or course of action.

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