Non-Compete Agreements and Trade Secrets: Update
Why Attend?
Hear the latest developments in U.S. law on restrictive covenants and non-compete clauses in employment.
Understand the perspective of employers as well as the employee seeking to move.
Get tips for drafting enforceable agreements.
Ask speakers questions by forwarding e-mail questions to tsquestions@ali-aba.org. Put "Faculty Question - TSPU08" in the subject line.
What You Will Learn
Employers frequently seek to protect their trade secrets by requiring new hires to sign “non-compete” agreements, just in case the new relationship sours and the employee leaves to work for a competitor. The practice that has long been applied to technical and professional employees has grown to encompass less-specialized employees as well. The issues are complex, and in some states, non-compete clauses are unenforceable. However, on a case by case basis, non-competes and their enforcement protect companies’ valuable intellectual property and their ability to stay afloat in ever-more-competitive global waters.
What is the trend in the U.S. toward enforcing “non-compete” agreements today? In the current economy, will “non-competes” be enforced when the employee seeking work with a competitor has been laid off? Are there other, less restrictive agreements that still protect the employer’s proprietary information without restraining the employee from pursuing her livelihood with another employer?
An expert faculty with decades of experience representing employers and employees will provide the latest developments in the law of protecting trade secrets through non-compete clauses. They will also discuss other potential solutions, such as non-solicitation and confidentiality clauses, and their relative effectiveness. The panel will use discussion and role play to illustrate their points and explore the roles of counsel for the employee, for the employer seeking to enforce the non-compete clause, and for the future employer hoping to waive the non-compete provisions.
Who Should Attend
Lawyers
Human Resources Professionals
Planning Chairs
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC, Washington, D.C.
Frank C. Morris, Jr., Epstein, Becker & Green, PC, Washington, D.C.
Faculty
Maureen S. Binetti, Wilenz, Goldman, & Spitzer, PA, Woodbridge, NJ
Gary B. Eidelman, Saul Ewing LLP, Baltimore, MD
Michael D. Wexler, Seyfarth Shaw LLP, Chicago
Program Schedule
All Times Eastern Standard
12:00 p.m. Program Begins.
Update on non-compete and trade secret legislation/case law.
Use of the Computer Fraud and Abuse Act to prosecute theft of proprietary information.
Conversion and misappropriation of trade secrets claims.
Perspectives of parties in typical non-compete enforcement case: Employers (former and new), Employee.
Drafting tips for enforceable non-compete clauses.
Impact of downturn in economy on enforcement of non-compete clauses
2:00 P.M. Program Ends.
Total 60-minute hours of instruction: Total 60-minute hours of instruction: 2.0 Total 50-minute hours 2.4
Suggested Prerequisite: Limited experience in practice area
Educational Objective: Development of proficiency in performance of complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner.
Level of Instruction: Intermediate
Times
Eastern 12:00 pm – 2:00 pm
Central 11:00 am – 1:00 pm
Mountain 10:00 am – 12:00 pm
Pacific 9:00 am – 11:00 am
Alaska 8:00 am –10:00 am
Hawaii 7:00 am – 9:00 am
