Wow, the judges will now have the final say in setting detailed policies. I'm thrilled. This is just another chapter in the ongoing debate over the balance of power between federal agencies and the judiciary. Given how the courts, especially the Supreme Court, have been ruling lately, I'm not too happy.
The FTC is not happy either. I expect it will appeal (I don't have much hope for its chances with the current Supreme Court). In any case, the FTC will continue to address non-compete agreements through case-by-case enforcement actions. The chances of it having much success are slim, but we are hopeful.
As the FTC mulls its next steps, companies and employees remain in limbo regarding the fate of noncompete agreements. My guess is that companies will hold on to their agreements until the FTC or the courts take their cold, dead hands off them.