Crafting Contracts to Protect Your Business Assets
***California Supreme Court Further Restricts Employer Use
of Noncompete Clauses; Will Other States Follow?***
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, December 11, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Employment Law Teleconference Advisory Board
Employers commonly use noncompete agreements to protect confidential business information and goodwill from being misused or misappropriated by departing employees. However, courts are increasingly scrutinizing and, in some instances, refusing to enforce the agreements.
In August, the California Supreme Court ruled that employers may not forbid employees from working with prior clients after they join a rival employer. During 2007, the Texas Supreme Court and the Oregon legislature also took a closer look at the enforceability of noncompete agreements.
Poorly written noncompete agreements can result in costly litigation for employers — and put business assets at risk. However, there are no bright line rules for employers. How can business counsel advise clients to prevent unfair competition through enforceable contracts with former insiders?
Listen as our panel of employment law attorneys offers their insights and best practices for crafting clear, legal and enforceable noncompete agreements in light of recent state court decisions.
The panel for this legal event included:
Jessica Brown, Partner, Gibson Dunn & Crutcher, Denver. She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and Title VII class actions. She is a recent recipient of the Denver Business Journal's "40 Under 40" Award.
Peter A. Steinmeyer, Member, Epstein Becker & Green, Chicago. He is co-chair of the firm's Non-Competes, Unfair Competition and Trade Secrets Practice Group, and practices all aspects of labor and employment law. He regularly teaches seminars and gives speeches on a broad range of issues involving the workplace, and has been quoted in The Wall Street Journal, The Chicago Tribune, and other publications.
Peter L. Altieri, Member, Epstein Becker & Green, New York. He focuses on complex commercial litigation, trade secrets and employment-related litigation. He has brought and defended actions on behalf of employers on trade secrets and noncompete agreements.
The panel reviewed these and other key questions:
- What are the key elements of noncompete agreements that courts have found enforceable?
- How can noncompete agreements be structured to avoid being ruled an unfair restraint on trade and competition?
- What are the steps for employers to follow, beginning with hiring and prior to a termination, to reinforce the confidentiality of company information with employees?
- What are the best methods for employers to prevent former employees from taking advantage of competitive and confidential insider knowledge?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.
Click here for program outline