HomeWebcastNew Considerations Under Employment and Antitrust Law When Creating Restrictive Covenants
Online CLE Restrictive Covenants CLE

New Considerations Under Employment and Antitrust Law When Creating Restrictive Covenants

Live Webcast Date: Friday, July 28, 2017 from 3:00 pm to 5:00 pm (ET)
Employment/Labor Law CLE & CPERecording

Online CLE Restrictive Covenants

Join us for this Knowledge Group Online CLE Restrictive Covenants Webinar. Restrictive covenants are important tools that can be vital for a company's success. However, they should always be drafted with considerable care to avoid court scrutiny and ultimately be enforceable. Employment agreement cases may result in significant damages which employers must always keep in mind. Moreover, restrictive covenants should always be reviewed and updated to comply with various federal and state laws on employment and antitrust.

In this Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the latest and significant updates related to restrictive covenants and non-compete agreements. They will also review recent case law on the topic and give insights on how courts determine whether or not restrictive covenant clauses in an employment agreement are enforceable. The audience will learn best practices in drafting and enforcing restrictive covenants in an employment contract without running afoul of employment and antitrust laws.

Key topics include:

  • Litigation Considerations
  • What to do when you sue
  • What to do when you are sued
  • Lessons from the Trenches
  • Use of “no poach” agreements (rather than restrictive covenants) to prevent employees from jumping to competitors
  • DOJ/FTC Guidance for Human Resource Professionals
  • Examples of problematic “no poach” agreements
  • Likely permissible non-solicitation agreements
  • Employment side – actions taken by NY State Attorney General
  • State statutes restricting enforcement of non competes
  • Identifying the Employer’s Objective and Use of Enforceable Restraints
  • Practical Considerations for Non-Compete Clauses
  • Employer Considerations For Hiring Employees Bound by Restrictive Covenants

Agenda

SEGMENT 1:
Susan Foster, Co-Chair, Antitrust and Unfair Competition
Perkins Coie LLP
  • Litigation Considerations
  • What to do when you sue
  • What to do when you are sued
  • Lessons from the Trenches

SEGMENT 2:
David Kully, Partner
Holland & Knight LLP
  • Use of “no poach” agreements (rather than restrictive covenants) to prevent employees from jumping to competitors
  • DOJ/FTC Guidance for Human Resource Professionals
  • Examples of problematic “no poach” agreements
  • Likely permissible non-solicitation agreements

SEGMENT 3:
Abraham Y. Skoff, Esq., Co-Chair Litigation Practice
Moses & Singer LLP
  • Changing climate of non-compete enforcement
  • Perception/Reality of Employer Misuse/Overuse
  • Federal Government Review
  • State Legislation and Regulation of Employer Conduct
  • Traditional Non-compete Enforcement Criteria
  • Solutions

SEGMENT 4:
Carol M. Goodman, Co-Chair, Litigation Department
Herrick, Feinstein LLP
  • Identifying the Employer’s Objective and Use of Enforceable Restraints
  • Practical Considerations for Non-Compete Clauses
  • Employer Considerations For Hiring Employees Bound by Restrictive Covenants

Who Should Attend

  • Labor and Employment Law Attorneys
  • Litigation Attorneys
  • Employers
  • HR Executives
  • HR Personnel
  • Labor Counsel
  • In-House Counsel
  • Litigation Officers
  • Public and Private Companies
  • Other Related/Interested professionals

Online CLE Restrictive Covenants

SEGMENT 1:
Susan Foster, Co-Chair, Antitrust and Unfair Competition
Perkins Coie LLP
  • Litigation Considerations
  • What to do when you sue
  • What to do when you are sued
  • Lessons from the Trenches

SEGMENT 2:
David Kully, Partner
Holland & Knight LLP
  • Use of “no poach” agreements (rather than restrictive covenants) to prevent employees from jumping to competitors
  • DOJ/FTC Guidance for Human Resource Professionals
  • Examples of problematic “no poach” agreements
  • Likely permissible non-solicitation agreements

SEGMENT 3:
Abraham Y. Skoff, Esq., Co-Chair Litigation Practice
Moses & Singer LLP
  • Changing climate of non-compete enforcement
  • Perception/Reality of Employer Misuse/Overuse
  • Federal Government Review
  • State Legislation and Regulation of Employer Conduct
  • Traditional Non-compete Enforcement Criteria
  • Solutions

SEGMENT 4:
Carol M. Goodman, Co-Chair, Litigation Department
Herrick, Feinstein LLP
  • Identifying the Employer’s Objective and Use of Enforceable Restraints
  • Practical Considerations for Non-Compete Clauses
  • Employer Considerations For Hiring Employees Bound by Restrictive Covenants

Online CLE Restrictive Covenants

Online CLE Restrictive Covenants

Susan FosterCo-Chair, Antitrust and Unfair CompetitionPerkins Coie LLP

Susan Foster is a partner in Perkins Coie’s Litigation practice and the Firm-wide Chair of the Firm’s Antitrust and Unfair Competition practice.  She routinely litigates employment trade secret and restrictive covenant cases and was lead counsel on notable employment related trade secret cases such as Walmart v Amazon and Move v. Zillow.  Her antitrust and litigation practice includes United States and foreign merger challenges, Section 1 and 2 monopolization cases, Robinson Patman matters and a range of intellectual property matters.  She also provides antitrust counseling to a variety of high-technology, manufacturing and retail clients.

Online CLE Restrictive Covenants

David KullyPartnerHolland & Knight LLP

David C. Kully is an antitrust partner in the Washington, D.C., office of Holland & Knight  LLP.  Mr. Kully joined Holland & Knight in September 2016 after an 18-year career with the Antitrust Division of U.S. Department of Justice, where he served as Chief of a unit of 25 attorneys responsible for evaluating antitrust compliance issues, litigating antitrust enforcement actions, and shaping competition policy in a wide variety of industries, including payments, music, live entertainment, movies, publishing, newspapers, television, radio, sports and real estate.  During his time with the DOJ, Mr. Kully served in central roles on many of the Antitrust Division's most significant and successful matters.  Before joining the DOJ, Mr. Kully was in private practice at the Washington, D.C., office of a large international law firm and, from there, served as counsel to the U.S. Senate Governmental Affairs Committee’s special investigation into campaign finance irregularities that arose during the 1996 federal election cycle.

Online CLE Restrictive Covenants

Abraham Y. Skoff, Esq.Co-Chair Litigation PracticeMoses & Singer LLP

Abraham Y. (Avi) Skoff is Co-Chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney's Office, Eastern District of New York, and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation.  He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas, including unfair competition, restrictive covenants and trade secrets. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He recently obtained key injunctive relief under the newly enacted Defense of Trade Secrets Acts. He is admitted in New York and New Jersey and has a national practice.  Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006. 

Online CLE Restrictive Covenants

Carol M. GoodmanCo-Chair, Litigation DepartmentHerrick, Feinstein LLP

Carol Goodman is a partner of the firm, and the co-chair of the firm’s Litigation Department.

Carol focuses on complex commercial litigation and employment law for public and private companies, domestic and international financial institutions and real estate companies. Carol has consistently been rated by Thomson Reuters’ Super Lawyers (2013-2017), and by Martindale-Hubbell, which rates her AV preeminent – their highest level of professional excellence.

Carol advises public and private companies, including domestic and international banks, financial institutions and broker-dealers in all aspects of complex commercial disputes. Her experience includes employment and securities claims involving trade secrets, compensation, bonuses and commissions, stock options, restrictive covenants and employee raiding cases.

Carol also represents employers and senior executives in all aspects of employment law, including executive compensation, restrictive covenants and separation packages. On the preventative side, she helps clients manage risk by advising on hirings, firings and workforce restructurings, severance agreements, exit incentive plans, FLSA, and matters involving FMLA and disability leaves. She also has vast experience creating training programs, employment policies, procedures and programs aimed at reducing the risk of litigation.

When litigation is necessary, Carol represents clients in the full range of employment concerns, including the validity of restrictive covenants, and allegations of wrongful discharge, sexual harassment and discrimination. She regularly litigates before federal and state courts, arbitration venues, the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights and the Financial Industry Regulatory Authority (FINRA).

Online CLE Restrictive Covenants

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in employment law

Course Code:
   146495

NASBA Field of Study:
   Business Law

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

With more than 1,000 lawyers in 19 offices across the United States and Asia, Perkins Coie LLP represents great companies across a wide range of industries and stages of growth—from startups to FORTUNE 500 corporations. Perkins Coie’s litigators have extensive experience in state and federal jurisdictions and at every appellate level including the U.S. Supreme Court. The group includes 17 Fellows in the American College of Trial Lawyers. It has a well-deserved reputation for business-minded and client-centric approaches to litigation. Whether the objective is immediate injunctive relief, timely resolution of a business dispute, private arbitration, or victory at trial, the client’s objective drives our strategy. Litigators counsel clients in a range of areas, from antitrust and unfair competition, to privacy, patent litigation, product liability, class action defense, insurance, securities, white collar and more.

Website: https://www.perkinscoie.com/

Holland & Knight is a global law firm with more than 1,200 lawyers and other professionals in 27 offices throughout the world.  Its lawyers provide representation in litigation, business, real estate and governmental law.  Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.

Moses & Singer has a reputation for cutting edge, hands-on representation, integrity and the highest quality legal work, established over the many years since the firm was founded by Henry Moses and Henry Singer in 1919, to serve both Public National Bank and their private clients. The firm has played a central role in landmark cases and major transactions ever since, and is known for skill, creativity and aggressiveness, in representing banks, institutions and corporations, closely held businesses, start-ups, entrepreneurs, individuals and families, in a wide range of industries, transactions, disputes and counseling. Moses & Singer is known for providing direct, “hands on” attention of its partners to client matters. The attention of recognized practitioners—partners in the firm, with the experience and knowledge to provide cost effective, result-oriented representation — can mean aggressive, focused problem solving and legal representation.

Website: https://www.mosessinger.com/

Founded in 1928, Herrick, Feinstein LLP is a dynamic law firm providing a full range of legal services to businesses and private clients around the world. From offices in New York City; Newark, New Jersey and Istanbul, Turkey, Herrick maintains robust corporate, litigation and real estate capabilities, with significant depth in areas such as art law, sports law, bankruptcy, tax, personal planning and government relations. Herrick clients benefit from pragmatic, top-tier legal service, delivered by lawyers with a fierce determination for helping clients address their most critical challenges.

Website: https://www.herrick.com/

Susan Foster is a partner in Perkins Coie’s Litigation practice and the Firm-wide Chair of the Firm’s Antitrust and Unfair Competition practice.  She routinely litigates employment trade secret and restrictive covenant cases and was lead counsel on notable employment related trade secret cases such as Walmart v Amazon and Move v. Zillow.  Her antitrust and litigation practice includes United States and foreign merger challenges, Section 1 and 2 monopolization cases, Robinson Patman matters and a range of intellectual property matters.  She also provides antitrust counseling to a variety of high-technology, manufacturing and retail clients.

David C. Kully is an antitrust partner in the Washington, D.C., office of Holland & Knight  LLP.  Mr. Kully joined Holland & Knight in September 2016 after an 18-year career with the Antitrust Division of U.S. Department of Justice, where he served as Chief of a unit of 25 attorneys responsible for evaluating antitrust compliance issues, litigating antitrust enforcement actions, and shaping competition policy in a wide variety of industries, including payments, music, live entertainment, movies, publishing, newspapers, television, radio, sports and real estate.  During his time with the DOJ, Mr. Kully served in central roles on many of the Antitrust Division's most significant and successful matters.  Before joining the DOJ, Mr. Kully was in private practice at the Washington, D.C., office of a large international law firm and, from there, served as counsel to the U.S. Senate Governmental Affairs Committee’s special investigation into campaign finance irregularities that arose during the 1996 federal election cycle.

Abraham Y. (Avi) Skoff is Co-Chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney's Office, Eastern District of New York, and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation.  He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas, including unfair competition, restrictive covenants and trade secrets. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He recently obtained key injunctive relief under the newly enacted Defense of Trade Secrets Acts. He is admitted in New York and New Jersey and has a national practice.  Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006. 

Carol Goodman is a partner of the firm, and the co-chair of the firm’s Litigation Department.

Carol focuses on complex commercial litigation and employment law for public and private companies, domestic and international financial institutions and real estate companies. Carol has consistently been rated by Thomson Reuters’ Super Lawyers (2013-2017), and by Martindale-Hubbell, which rates her AV preeminent – their highest level of professional excellence.

Carol advises public and private companies, including domestic and international banks, financial institutions and broker-dealers in all aspects of complex commercial disputes. Her experience includes employment and securities claims involving trade secrets, compensation, bonuses and commissions, stock options, restrictive covenants and employee raiding cases.

Carol also represents employers and senior executives in all aspects of employment law, including executive compensation, restrictive covenants and separation packages. On the preventative side, she helps clients manage risk by advising on hirings, firings and workforce restructurings, severance agreements, exit incentive plans, FLSA, and matters involving FMLA and disability leaves. She also has vast experience creating training programs, employment policies, procedures and programs aimed at reducing the risk of litigation.

When litigation is necessary, Carol represents clients in the full range of employment concerns, including the validity of restrictive covenants, and allegations of wrongful discharge, sexual harassment and discrimination. She regularly litigates before federal and state courts, arbitration venues, the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights and the Financial Industry Regulatory Authority (FINRA).

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