By Shayla Martin

We are thrilled to announce the new licensure of attorney Katheryn “Katy” Currie in the state of South Carolina. Katy initially joined our team in November of 2022 with licenses in North Carolina as well as Alabama. Katy has been a dedicated and passionate advocate for her clients for several years, and her expansion into South Carolina is a testament to her commitment to providing exceptional legal services. Her experience and expertise in various areas of the law, including probate administration, estate planning, and business transactions, will undoubtedly benefit individuals and businesses throughout South Carolina.

Along with Katy, our experienced legal team is ready to assist with probate matters, guiding you through the complexities of estate administration and ensuring the smooth transfer of assets to beneficiaries after the death of a loved one. Our estate planning services include wills, trusts, powers of attorneys, and advanced directives, ensuring that your assets are protected and your wishes are honored. Finally, for businesses in South Carolina, we offer a wide range of legal services, including contract drafting, business formation, and more. We're here to help you navigate the complexities of the business world while protecting your interests.

​Coming Soon: South Carolina construction and litigation services. We’re also happy to announce that partner Edward Jesson passed the South Carolina bar this fall and is expected to be licensed in SC early next year.

By Attorney Edward Jesson

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would, with limited exceptions, bar employers from using non-compete agreement and would further require the rescission of existing non-compete agreements that were in place prior to the implementation of the FTC’s rule.

The FTC’s proposed ban is limited to “pure” non-compete agreements and would likely not apply to customer/employee non-solicitation agreements or others contained in non-employment contracts, such as business sale contracts. It appears as though, from the FTC’s language, that the rule would apply to all employees and all independent contractors.

While the FTC initially intended to make a final decision on the rule at some time in 2023, due to the overwhelming number of comments the agency received during the public comment period (nearly 27,000 comments) it appears as though the FTC will not be making a final decision until sometime in April 2024. Even if the rule is implemented, it is highly likely that the blanket ban on non-compete agreements would be challenged in courts throughout the country.

While North Carolina has not banned non-compete agreements, its courts strongly disfavor non-compete agreements unless they are narrowly tailored and the North Carolina Court system’s treatment of non-competes is constantly evolving. North Carolina’s treatment of non-compete agreements, as well as the FTC’s proposed ban, are both good indicators of how courts throughout the country are trending in their interpretation of such restrictive covenants.

If you think the FTC proposal may affect your business, or you have another non-compete related issue, the attorneys at Jesson & Rains stand ready to assist.