Restrictive Covenants and Non-Compete Agreements: 2017 Updates
This course will focus on the legal and practical limits on companies putting restraints on certain former employees to prevent disclosure and use of proprietary information. Federal and state laws require that such restrictions be reasonable as to length, geography, substantive reach and category of personnel affected. But disputes invariably arise over the enforceability or extent of restrictive covenants and non-competes, as well as over proof that violations have occurred. Resolution of disputes can be expensive and counterproductive.
In a two-hour LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss current legal developments concerning these agreements and their enforceability. Speakers will also offer tips for effective practices to be followed in hiring and managing departure of high-level and specialized-knowledge employees.
- Restrictive Covenant Enforceability
- Injunctive Relief Strategy
- Inevitable Disclosure Doctrine
- Finding Evidence of Violations
- Managing Hiring and Departure
- Trade Secrets Disputes
- Mediation and Arbitration
Randall E. Kahnke, Partner
Faegre Baker Daniels LLP
- What are they?
- What types?
- Soft: customers, contacts
- Hard: technical, engineering, software
- Applicable law
Amy Habib Rittling, Partner
Lippes Mathias Wexler Friedman LLP
L. Christopher Rose, Shareholder
Jolley Urga Woodbury & Little
- Drafting an enforceable work restriction
- Recent case law on scope of noncompetes (Nevada, N.Y., elsewhere)
Amy Habib Rittling, Partner
Lippes Mathias Wexler Friedman LLP
L. Christopher Rose, Shareholder
Jolley Urga Woodbury & Little
Selecting Legal Remedies for Breach
- Who to sue? What claims?
- Nonparty liability
- Choice of federal (DTSA) or state law.
- Injunctive relief
Frank Holahan, Partner
Rivkin Radler LLP
- Protectable interests
- Avoiding liability for new employer
- Potential criminal liability
Susan K. Eggum, Shareholder
Lane Powell PC
Corporate Mobility: Keeping the Noncompete Alive and Well
- Complex strategies to defeat facially valid defense, i.e. departing executive subject to covenant in one state and moves to another to work for a competing entity.
Who Should Attend:
- Labor and Employment Law Attorneys
- Litigation Attorneys
- HR Executives
- HR Personnel
- Labor Counsel
- In-House Counsel
- Other Related/Interested professionals
Stacey L. Moar is an attorney with Lippes Mathias Wexler Friedman LLP where she focuses her practice in the areas of labor and employment, litigation, government investigations. She has handled numerous commercial matters involving restrictive covenants and contractual disputes, as well as employment disputes. Ms. Moar also has extensive experience assisting clients with internal investigations, regulatory compliance and voluntary self-compliance matters. She has worked with various New York State and federal agencies and private organizations, including the Federal and New York State Department of Labor, Health and Human Services, the Financial Industry Regulatory Authority, New York State Office of Medicaid Inspector General and the Equal Opportunity Employment Commission to conduct compliance audits and provide requested training.
Stacey L. Moar is an attorney with Lippes Mathias Wexler Friedman LLP where she focuses her practice in the areas …
Susan is an employment and business litigation jury trial lawyer. She regularly tries high stake claims to judgment in federal and state courts in a variety of matters including employee and officer/director breaches of fiduciary duty, theft of employer trade secrets, breaches of contract, breach of noncompetition agreements, as well as discrimination, harassment, retaliation and whistleblower claims.
Susan has also brought and defended against many emergency temporary restraining order motions and hearings, followed by immediate preliminary injunction trials for the purpose of recovering intellectual property or restraining conduct highly damaging to entity assets. She has held the highest available AV Preeminent® attorney rating by Martindale-Hubbell for more than two decades, and since 2006 has been continuously named an “Oregon Super Lawyer” in both Business and Employment litigation by Super Lawyers® magazine.
Susan is an employment and business litigation jury trial lawyer. She regularly tries high stake claims to judgment in federal …
Christopher Rose is a shareholder of the law firm of Jolley Urga Woodbury & Little. For 17 years, his practice has focused on business and commercial litigation. He handles civil disputes and lawsuits in almost all areas. He has drafted and advised clients on non-competition agreements and restrictive covenants and has successfully obtained and defended against injunctive relief. Mr. Rose has repeatedly been recognized by Super Lawyers (Mountain States) and as Legal Elite by Nevada Business Magazine. For the last nine years, Mr. Rose has also served as faculty for the Deposition Program of the National Institute for Trial Advocacy (NITA) – a non-profit organization committed to teaching and training lawyers in trial and litigation skills. Whether representing large national companies, small business owners or individuals, Mr. Rose adheres to the philosophy that, as professionals and advisors, attorneys provide the greatest benefit to their clients by achieving great results and creating successful resolutions while balancing the economic realities of each client’s particular needs and circumstances.
Christopher Rose is a shareholder of the law firm of Jolley Urga Woodbury & Little. For 17 years, his practice …
Frank Holahan is a seasoned commercial litigator whose practice focuses on complex business disputes, including claims against corporate officers and directors. Resident in the Firm’s New Jersey office, Frank has tried scores of cases in the Superior Court and Surrogate Court. His practice includes shareholder oppression claims, partnership dissolutions, unfair competition and restrictive covenant litigation. Frank has represented national and international clients respecting the enforcement of employment non-compete agreements and has successfully argued precedent-setting cases in the New Jersey Appellate Division.
As an experienced Chancery Court litigator, Frank has extensive experience handling contested probate matters including will contests, undue influence claims, breaches of fiduciary duty and disputes arising under testamentary and inter vivos trusts.
Frank also acts as general counsel to corporations and businesses in a broad range of fields including real estate, manufacturing, insurance and the food industry.
Recognized as a Super Lawyer, Frank has earned the confidence of a wide array of business leaders and has served on the advisory boards of a number of financial institutions in northern New Jersey.
Frank is active in his community serving on the Piermont historic preservation agency and having assisted in several pro bono matters following the devastation of Superstorm Sandy. In his spare time, Frank enjoys golf, skiing and trekking fourteeners in Colorado.
Frank Holahan is a seasoned commercial litigator whose practice focuses on complex business disputes, including claims against corporate officers and …
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney on cases from New York to California and touching three continents. Randy has extensive consulting, pretrial and trial experience with complex commercial and intellectual property disputes, and he has served as group head of Faegre Baker Daniels’ business litigation practice. Randy was recognized for his trial victories as a 2012 Minnesota Attorney of the Year. He is the co-editor and contributing author of the acclaimed book, The Secrets to Winning Trade Secret Cases, Thomson West (2009 and 2012). He has served on the Federal Practice Committee of the United States District Court for the District of Minnesota and as President of the Minnesota Chapter of the Federal Bar Association. Randy is a former federal law clerk, and he has been recognized as a leading litigator in Chambers USA, Super Lawyers and Best Lawyers in America.
Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney …
Print and review course materials
Method of Presentation:
Experience in employment law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Lippes Mathias Wexler Friedman LLP
Founded in 1965, LMWF is a full service New York-based law firm that serves clients regionally, nationally, and internationally on a variety of matters. Headquartered in Buffalo, New York, with offices in Albany, New York City and Burlington, Ontario, we represent a diverse client base which includes both publicly and privately-owned companies, private equity and venture capital firms, real estate developers, financial institutions, municipalities and governmental entities. From acquisitions and divestitures to litigation and dispute resolutions, our attorneys concentrate in a wide range of practice areas, providing clients with guidance and insight to help them achieve their business goals and navigate obstacles they might encounter along the way.
About Lane Powell PC
A multi-specialty law firm, Lane Powell has helped emerging and established businesses navigate the Pacific Northwest and beyond for more than 140 years. Respected clients — from individuals to small businesses to Fortune 500 companies — turn to us for trusted legal counsel. In fact, Fortune 500 companies including Home Depot, Tesoro, Wells Fargo, Aetna and Nordstrom have named Lane Powell as one of the prestigious “Go-To Law Firms of Top U.S. Companies®” by Corporate Counsel magazine. The Firm has also been named “Washington Firm of the Year” and “Oregon Firm of the Year” by Benchmark Litigation, a litigation-focused legal guide that evaluates leading law firms and attorneys. In addition, Lane Powell has been described as “an excellent, full-service firm with bright people and lots of depth” by Chambers USA: America’s Leading Lawyers for Business.
About Jolley Urga Woodbury & Little
Jolley Urga Woodbury & Little prides itself in excellence and integrity. Founded in 1974, Jolley Urga Woodbury & Little is a full-service civil practice firm in Las Vegas, Nevada. Jolley Urga focuses on Trials and Litigation, Administrative Law, Construction, Real Estate/Landlord-Tenant, Banking/Finance, Personal Injury, Transportation, Bankruptcy, Appellate and Medical Marijuana. Our firm’s transactional attorneys handle Commercial and Real Estate transactions, Corporate Formation, Licensing, and all areas of Gaming, ranging from licensing to sales of hotels and casinos. Probate and Estate Planning services include everything from preparing wills to drafting complex trusts. The firm represents Fortune 500 companies, large financial institutions and national corporations as well as small businesses, developers, and individuals.
About Rivkin Radler LLP
Through three offices and more than 160 attorneys, Rivkin Radler LLP consistently delivers focused and effective legal services. We’re committed to our best practices, requirements that go beyond professional and ethical standards. Our work product is clear and delivered on time.
We are the advisor‐of‐choice to successful individuals, middle‐market companies and large corporations in the following practice areas: The confidence that our clients place in us is evidenced by the firm’s inclusion in Chambers & Partners and The Legal 500.
We provide strong representation and build even stronger client relationships. Many clients have been placing their trust in us for more than 25 years.
Our unwavering commitment to total client satisfaction is the driving force behind our firm.
Rivkin Radler’s attorneys are leaders in legal, business and political arenas. Many of our attorneys have received Martindale Hubbell’s “AV Preeminent®” ranking, signifying that “a lawyer’s peers rank him or her at the highest level of professional excellence.” Time and again, our attorneys are recognized as leaders by peer review processes, including Best Lawyers/U.S. News & World Report and Super Lawyers.
We have been named an American Lawyer Media “Go‐To” Firm by our clients. We have been ranked among the “Top 100 Private Companies on Long Island” by Newsday, and are consistently ranked among the New York Law Journal’s “100 Largest Law Firms in New York.” The Firm is proud to have received Advancement for Commerce, Industry and Technology’s (ACIT), “Commitment to Excellence and Leadership Award.
About Faegre Baker Daniels LLP
Faegre Baker Daniels is a full service law firm providing business solutions to local, national and international organizations. We serve our clients with the highest levels of professionalism, skill and integrity. Our 750 legal and consulting professionals collaborate across our 14 locations in the United States, U.K. and China to deliver practical solutions to our clients' complex transactional, litigation and regulatory needs.