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One of your client’s key employees just left to go to a competitor in violation of a noncompete. Or your client is that competitor and has just received a cease and desist letter demanding that it terminate the employee. Or your client is that employee. What do you do?
Noncompete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests. But, noncompete laws vary state by state, ranging from bans in California, Oklahoma, and North Dakota, to strong, pro-enforcement policies in Florida. And, while public opinion, evolving state legislation, emerging federal regulation, and trends in judicial review and enforcement are moving toward greater restrictions on the use of these agreements, the risks posed by employees who are not subject to restrictive covenants is increasing.
Understanding the changing landscape and its complications and implications is nothing short of critical – particularly for companies engaged in business across state lines.
Bringing together experts and thought leaders from around the country, the program starts with a level-setting of basic noncompete law, and then delves into nuanced and advanced issues from the perspectives of the employee, the former employer, and the new employer.
What You Will Learn
- Understand the basics of noncompete agreements
- Discover how to use state of the art computer forensics to bolster your case for enforcement, and what it means for the defense
- Find out advanced practices for seeking and defending against temporary restraining orders, preliminary injunctions, and related preliminary orders
- Learn what the protectable business interest are and how to protect them, particularly with a remote workforce and during employee departures and on-boarding
- Get the latest legislative developments regarding noncompete agreements and best practices from practitioners
- Gain insight into the practical aspects of enforcing noncompetes
- Learn how to spot and avoid the ethical traps common in restrictive covenants matters
- Learn how to avoid potential ethical traps for the unwary in noncompete disputes, and earn up to 1 hour of Ethics credit
- Transitional credit available; satisfy your Professional Skills credit requirements
Program Level: Overview.
Intended Audience: PLI’s Noncompetes and Restrictive Covenants 2021 is designed to help those responsible for assisting clients in drafting, negotiating, enforcing, and defending against noncompetes and other restrictive covenants. It will benefit in-house counsel, business and trade secrets litigation counsel, employment lawyers, human resources professionals, and other allied key strategic personnel.
Prerequisites: A fundamental understanding of noncompete agreements and similar restrictive covenants and the law.
Advanced Preparation: None.