Trade Secrets Law and Non-Compete Agreements: Trends and Updates for Companies to Avoid Litigation Pitfalls
Protecting trade secrets is one of the most significant challenges that many businesses face. Apart from their competitors, several companies believe that their client relationships or trade secrets can also be easy targets for their own workers. Employees changing jobs can take advantage of their previous employer’s proprietary relationships or information for their personal gains. Employers have long relied on non-compete agreements with employees to protect their business.
However, recent developments in the restrictive covenants landscape have illustrated the aggressive attacks on employers’ use of non-competes. It is, therefore, imperative that counsel and employers remain vigilant for the emerging trends and developments relating to trade secrets and non-competition law to be able to ensure compliance.
In this LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues in the evolving landscape of trade secret and non-competition Law. Speakers will also offer the best compliance practices in drafting and negotiating non-competes, thus, avoiding litigation risk.
Some of the major topics that will be covered in this course are:
- Trade Secret Protection and Non-Compete Agreements - Statistics
- Recent Legal Trends, Developments, and Updates
- Notable Court Decisions
- Addressing Litigation Pitfalls
- Best Compliance Practices
James A. Gale, Co-Chair, Intellectual Property Litigation
- Interstate enforcement of Non-competes
- The Interplay between Non-Competes and Trade Secret Law
- The interplay between the Federal Defend Trade Secrets Act (DTSA) and the Inevitable Disclosure Doctrine.
Warren Braunig, Partner
Keker, Van Nest & Peters LLP
- Inevitable disclosure doctrine and the use of trade secret law to create a non-compete
- Use of other restrictive covenants (non-solicit, no poach, invention assignment) to minimize competitive disruption in states where non-competes are not allowed
- Building an affirmative trade secrets case
- Key decisions for plaintiffs and defendants at the outset of a trade secrets case
Chip Collins, Partner
Burr and Forman
- Practical, procedural and evidentiary considerations for TRO and Preliminary Injunction hearings
- Damages theories in restrictive covenant cases
- Recent state legislation trends regarding restrictive covenants
Who Should Attend:
- Trade Secrets Lawyers
- Corporate Counsel
- Legal and Compliance Executives
- HR Personnel
- Top Level Management
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on litigating and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition issues, and drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade secret issues, having been featured in publications including the Atlanta Business Chronicle, Attorney at Law, and Business to Business, and he started his firm’s unfair competition blog (noncompetetradesecretslaw.com), to which he is a contributor. He has presented seminars on trade secret and non-compete law for The Knowledge Group and ICLE in Georgia, and he has been a guest lecturer on non-compete and trade secret issues at the Emory University School of Law for the last four years. Chip has been involved in the creation of both the noncompete/trade secrets and cybersecurity service groups at his firm.
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is …
Warren Braunig is a partner at Keker, Van Nest & Peters LLP in San Francisco. Though his practice spans the gamut of intellectual property and complex commercial litigation, Warren particularly specializes in trade-secrets litigation and its intersection with employment issues. He has tried a dozen cases in state court, federal court and arbitration, including cases that two of the largest publicly announced trade secret settlements in California history. As a former software entrepreneur and management consultant, Warren is particularly well suited to advise technology and software companies in solving their most difficult business and legal problems. His clients have included Google, Electronic Arts, Dialpad, Western Digital Corp. and Comcast. Warren has written and lectured extensively on trade-secret and employee mobility issues.
Warren Braunig is a partner at Keker, Van Nest & Peters LLP in San Francisco. Though his practice spans the …
James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney with over 33 years of experience and Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has represented clients in hundreds of cases involving patents, trademarks, copyrights, unfair competition, covenants not to compete, theft of trade secrets and internet disputes. He has appeared in over 400 federal cases in more than 48 Federal District and Circuit Courts, as well as handled hundreds of injunctions in over 35 different states around the nation.
James A. Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent …
Print and review course materials
Method of Presentation:
General knowledge of trade secret and non-competition laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Burr and Forman
Burr & Forman’s experienced legal team serves clients with local, national, and international legal needs. With particular industry strengths in the financial services, health care and manufacturing sectors, our attorneys draw from a diverse range of backgrounds and experience to serve as trusted business advisors and legal counsel to help clients achieve their goals. Burr & Forman is a Southeast regional firm with 300 attorneys and 12 offices in Alabama, Delaware, Florida, Georgia, Mississippi, North Carolina and Tennessee.
About Keker, Van Nest & Peters LLP
For forty years, Keker, Van Nest & Peters has litigated complex, high-stakes civil and criminal cases throughout the nation. The firm takes the cases where companies, products, and careers are riding on the result. Its clients are high-profile individuals, as well as some of the world’s most successful companies, including Google, Arista Networks, Electronic Arts, Lyft, T-Mobile USA, Genentech, Public Storage, Comcast Cable Communications, and Taiwan Semiconductor Manufacturing Company. The firm’s areas of expertise include intellectual property, professional liability, class actions, general contract and commercial litigation, antitrust, white collar, and appellate.
About Cozen O'Connor
Established in 1970, Cozen O’Connor has more than 700 attorneys who help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including litigation, corporate, and regulatory law. Representing a broad array of leading global corporations and middle market companies, Cozen O’Connor services its clients’ needs through 29 offices across two continents.