Restrictive Covenants and Non-Compete Agreements: Practical Guide for Employers
Restrictive covenants secure employers against unfair competition by coming into an agreement with its previous employees to refrain from occupying a similar employment for a limited time frame and geographical area. A good and enforceable restrictive clause in employment agreements requires good choices to protect the most important assets of the business. Initially, a restraint must be reasonable to protect a legitimate business interest that is most vulnerable when employees resign.
As federal and state laws on trade secrets and non-compete continue to evolve, companies should consistently visit their trade secrets and non-compete strategies to go along with the changing legislative landscape. Employers should also develop an effective process on enforcing restrictive covenants on employees when they resign. Moreover, employers must understand that these non-compete agreements can sometimes be unenforceable and must be tailored to comply with various statutes and withstand court scrutiny.
In a two-hour LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues on restrictive covenants and non-compete agreements. Speakers will also offer effective and efficient practices in drafting and developing enforceable restrictive clauses in employment agreements.
Some of the major topics that will be covered in this course are:
- Benefits of Restrictive Covenants to Employers
- When Are Restrictive Covenants Unenforceable
- Non-Compete Oddities in Various States
- Recent Legislative Trends and Court Decisions
- Drafting Restrictive Covenants and Non-Compete Agreements
Abraham Y. Skoff, Esq., Partner
Moses & Singer LLP
- Benefits of Restrictive Covenants to Employers &When Are Restrictive Covenants Unenforceable
- Recent Legislative Trends and Court Decisions
- Depending on attendee enrollment can gear toward particular state
Bruce Rubin, Partner
Miller Nash Graham & Dunn
- State laws vary on enforceability in more ways than people think, especially as to what is adequate consideration, when covenants must be signed, and whether documents that don’t restrict competition on their face will still be treated as if they do.
- Drafting choice of law provisions in restrictive covenants can cause unintended consequences.
- Employers should consider whether restrictive covenants actually provide any economic benefits.
- How to hire an employee who has signed a restrictive covenant with a previous employer without getting sued.
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
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 is admitted to practice in New York and New Jersey. Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006.
Abraham Y. (Avi) Skoff is Co-Chair of Moses & Singer's Litigation practice and has over twenty-five years’ experience in practicing …
Bruce Rubin has been a partner in Miller Nash Graham & Dunn's Portland, Oregon office for more than 30 years. He represents clients in federal and state courts involving all aspects of trade secrets and restrictive covenants, including non-competition agreements. As a highly-experienced trial lawyer, he also handles appeals. In addition to his litigation practice, Bruce counsels employers and individuals on best practices in dealing with a variety of employment restrictions. He has been recognized by his peers in Best Lawyers in America for commercial, employment, and ERISA litigation (2010-present) and Oregon Super Lawyers (2008, 2010-present).
Bruce received his undergraduate degree magna cum laude from Yale University and his law degree from Stanford Law School.
Bruce Rubin has been a partner in Miller Nash Graham & Dunn's Portland, Oregon office for more than 30 years. …
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About Moses & Singer LLP
Moses & Singer has a reputation for integrity and the highest quality legal work, established over the many years since 1919, when Henry Moses and Henry Singer founded the firm 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 its skill, creativity and aggressiveness, in representing banks, institutions and corporations, as well as closely held businesses, individuals and families, in a wide range of industries, matters, transactions, litigation 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.
About Miller Nash Graham & Dunn
Miller Nash Graham & Dunn LLP is a multiservice law firm that has been serving clients throughout the Pacific Northwest for more than a century. Their attorneys are known not only for their unparalleled experience in business law and commercial litigation, but also for their dedication, innovation, and tenacity. Their clients represent leading businesses, nonprofits, public entities, and individuals from a variety of industries, including banking, biotech, communications, construction, education, energy, forest products, government, high-tech, manufacturing, Native American tribes, real estate development, retail, and securities. The firm serves their clients and community from offices in Portland and Bend, Oregon; Seattle and Vancouver, Washington; and Long Beach, California.