Non-Compete Agreements: Understanding Trial Techniques and Litigation Strategies


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Non-compete agreements and other forms of restrictive covenants are important in safeguarding a company's business assets, including intellectual properties, trade secrets and customer data. Non-compete agreements restrict former employees from working with the company's competitor or setting up one's own competitive business.

As more employers require their employees to sign non-compete agreements, disputes and litigation over the enforceability of these agreements have also increased. Employers may bring lawsuit for alleged breach of contract and employees may question the agreement's validity or enforceability. The complexity and variation of law from one jurisdiction to another also makes non-compete litigation more challenging for counsel.

This course offers a discussion of non-compete agreements, and recent case law and regulatory updates that impact such agreements. A panel of thought leaders and practitioners brought together by The Knowledge Group will also offer techniques and strategies in defending and prosecuting a non-compete litigation.

Key topics include:

  • Non-Compete Agreements: Forms and Trends
  • Employer and Employee's Perspective
  • Non-Compete Oddities in Various States
  • Preparing for Litigation
    • Gathering Evidence
    • Assessing the Enforceability of a Non-compete
    • Cease and Desist letters
    • Seeking Injunctive Relief
    • Other Factors to Consider
  • None-Compete Litigation: Defense and Prosecution
  • Trial Techniques, Litigation and Settlement Strategies