Non-Compete Agreements: Understanding Trial Techniques and Litigation Strategies
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
Nelson Mullins Riley & Scarborough LLP
- Choice of Law – Avoiding “One Size Fits All” Provisions and Focusing on Changing Law
- Forum Selection – Choosing Your Forum on an Informed and Strategic Basis
- Choice of Venue – How Fairness Considerations Can Affect Enforceability
- Properly Tailoring Confidentiality Provisions to Ensure Enforceability
- Important Considerations Regarding How the Employee Signs the Agreement
- Non-Compete Considerations When an Employee Changes Jobs Internally
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
- Requirements of an Enforceable Noncompetition Agreement
- Obtaining Injunctive Relief
- Attorney’s Fees Issues
- State of the Law – Recent Updates
Who Should Attend:
- Labor and Employment Law Attorneys
- Litigation Attorneys
- HR Executives
- HR Personnel
- Labor Counsel
- In-House Counsel
- Litigation Officers
- Public and Private Companies
- Other Related/Interested Professionals
Bret Cohen is co-chair of Nelson Mullins’ National Labor and Employment Practice Group and has practiced employment law for over 25 years. He has extensive experience in many different jurisdictions, including California, Missouri, Florida, New York, and Massachusetts. Mr. Cohen’s practice areas include drafting and enforcement of non-compete, confidentiality, and other employment agreements, trade secrets, and advising companies and high level executives regarding terminations and employment issues. Mr. Cohen has been listed as a Chambers attorney since 1999.
Bret Cohen is co-chair of Nelson Mullins’ National Labor and Employment Practice Group and has practiced employment law for over …
Foster C. Johnson is a trial lawyer who focuses on complex commercial litigation. He has represented a variety of Fortune 100 companies in contract disputes, oil and gas matters, intellectual property litigation, and large scale consumer and securities class actions.
His recent successes include a six-week trial that ended in a $41.6 million jury verdict against Lloyd’s of London. Mr. Johnson gave the opening and played an instrumental role in presenting evidence on behalf of an energy client suing Lloyd’s after the insurance company refused to pay for hurricane damage to an offshore oil rig. The jury’s award included $27.3 million in punitive damages and $10.9 million for bad faith.
Mr. Johnson has also handled numerous civil appeals and mandamus proceedings in state and federal courts, including the United States Courts of Appeals for the 3rd, 5th, 9th, and D.C. Circuits, the Supreme Courts of Texas and California, several intermediate state courts of appeals, and the Judicial Panel on Multidistrict Litigation.
Mr. Johnson received his J.D. from Stanford Law School, where he served on both the Stanford Law and Policy Review and the Stanford Technology Law Review. After law school, he served as a law clerk to the Honorable Priscilla Owen of the United States Court of Appeals for the 5th Circuit. He is the author of Judicial Magic: the Use of Dicta as Equitable Remedy, published in The University of San Francisco Law Review in 2012.
Foster C. Johnson is a trial lawyer who focuses on complex commercial litigation. He has represented a variety of Fortune …
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Method of Presentation:
Experience in antitrust and competition laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Nelson Mullins Riley & Scarborough LLP
Established in 1897, Nelson Mullins Riley & Scarborough LLP is a full-service, Am Law 100, law firm with more than 575 attorneys and government relations professionals practicing in 17 offices across 10 states and Washington, DC. With clients ranging from Fortune 500 companies to venture-backed and emerging enterprises to start-ups, Nelson Mullins has strong roots in the business community and an appreciation for new directions in the business world. The Firm provides advice and counsel in litigation, corporate, securities, finance, banking, mergers and acquisitions, financial services, healthcare, technology, intellectual property, labor and employment, executive compensation and employee benefits, government relations, regulatory, bankruptcy and creditors' rights, immigration, international law, and other needs of clients ranging from private individuals to large businesses.
About Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
AZA is a Houston-based trial boutique. AZA’s 45-plus lawyers are in a jury trial roughly once a month. They specialize in complex civil litigation and intellectual property cases. The firm represents large corporations, many in the energy and tech sectors. The firm lawyers’ courtroom experience, knowledge of what will matter to a jury or judge, and command of trial technology permit them to be efficiently trial ready. Although many of AZA’s cases involve high-stakes litigation for multinational companies, the firm lawyers also excel at representing individuals and mid-sized businesses with serious legal issues. And AZA handles corporate internal investigations and executive suite cases like non-compete and trade secrets. AZA’s full name is Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.