Yetter Coleman partner Bryce L. Callahan and associate Kay Dannenmaier, along with Fordham University School of Law 3L Noelia Vasquez, authored an article for The Texas Lawbook titled “Can Noncompete Agreements Be Antitrust Heroes?”.
The article examines how noncompete agreements, often criticized as restrictive, can, in certain circumstances, serve a pro‑competitive function.
The authors explain how violations of noncompetes may give rise not only to breach of contract and trade secret claims but also to federal antitrust liability, which can expose companies to treble damages.
As the Federal Trade Commission evaluates whether to defend its proposed rule banning most noncompetes after it was struck down by a Texas federal district court in Ryan, LLC v. Federal Trade Commission, the piece analyzes case law, economic scholarship and Texas precedent.
It also highlights practical considerations for employers and their counsel, including careful drafting and vigilance when competitors target key employees subject to enforceable noncompetes.
Callahan is a trial lawyer who represents plaintiffs and defendants in complex disputes across industries, including technology, energy, healthcare, sports and telecommunications.
Dannenmaier focuses her practice on commercial litigation, including antitrust, unfair competition and trade secret matters, and mentors through the American Bar Association’s Antitrust Section.
Vasquez is a member of the ABA Antitrust Section’s Early Career Task Force.
Read the full article here.