The FTC’s proposed new rules banning restrictive employee covenant enforcement may change the game for employers. Understand the status of these proposed rules, the treatment of restrictive covenants under US and non-US laws and learn strategies to bolster enforceability of restrictive covenants used with equity awards.
Speakers:
Barbara Klementz is the chair of Baker McKenzie’s North American Compensation Practice. She has practiced in the area of global equity and executive compensation for over 20 years. Barbara focuses her practice on global equity compensation programs, executive compensation and employee benefits. She regularly advises multinational companies on implementing their equity compensation and other incentive programs worldwide – particularly as it relates to tax and securities law matters and exchange control regulations. Barbara also frequently advises on the treatment of such programs in corporate transactions, including mergers and acquisitions, spin-offs and divestitures, as well as on the tax treatment of cross-border employees participating in such programs.
Nandu Machiraju is a partner in Baker McKenzie's North America Antitrust & Competition Practice Group. He has significant industry experience in antitrust matters affecting the healthcare, pharmaceuticals, chemicals, mining, and technology sectors. Nandu advises clients on a wide range of antitrust matters and has considerable experience counseling clients in government investigations, proposed mergers and acquisitions, conduct matters, compliance, and litigation. Nandu also advises clients on other US Federal Trade Commission (FTC) matters including consumer protection and general FTC adjudicative and rulemaking issues. Before joining the Firm, Nandu worked as an attorney with the FTC. Most recently, Nandu was an attorney in the Bureau of Competition’s Litigation Group where he served a critical role on merger litigation challenges in the hospital and medical-device industries. Before that, he served as an Attorney Advisor to FTC Chairman Joseph J. Simons where he advised on enforcement, appellate advocacy, and congressional relations as well as matters relating to agency management. In that role, Nandu also led in implementing various policy initiatives including assessing the prospects for competition rulemaking, the creation of a portal for merger-retrospective studies program, the inception of various 6(b) studies, and various other initiatives.