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IAA Statement on FTC Rulemaking
April 24, 2024
Contact: IAA VP of Communications & Marketing Janay Rickwalder.
Statement from Gail Bernstein, IAA General Counsel
The FTC voted on Tuesday to finalize its rulemaking that would generally prohibit employers from using non-compete clauses.
The Investment Adviser Association supports the ability of employees to continue to work in their field after leaving a job. But the FTC’s final rule is too restrictive and may have unintended negative consequences for investment advisers and their clients. Investment advisers are regulated entities that are fiduciaries to their clients. As fiduciaries, they must be able to enforce reasonable restrictions on former employees that are necessary for them to meet their regulatory obligations and protect the interests of their clients.