Antitrust Implications of Noncompete and Nonsolicitation Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will analyze noncompete and nonsolicitation features of employment agreements, service contracts, and agreements among competitors from an antitrust perspective. The panel will discuss how to balance competitive vs. noncompetitive effects of these agreements and best contracting practices to help minimize antitrust scrutiny.
- Treatment of noncompetes under antitrust statutes: rule of reason
- Nonsolicitation and no-poaching agreements: 2016 guidance
- Drafting agreements to withstand antitrust scrutiny
The panel will review these and other key issues:
- When is a noncompete appropriate in an employment agreement and when might it violate antitrust standards?
- What other types of agreements include noncompete provisions and what are the antitrust pitfalls?
- What is the current FTC and DOJ position on nonsolitication and no-poaching agreements among competitors, and who is deemed a competitor?
David J. Clark
Epstein Becker & Green
Mr. Clark is part of his firm's Litigation and Employment, Labor & Workforce Management practices. His practice... | Read More
Mr. Clark is part of his firm's Litigation and Employment, Labor & Workforce Management practices. His practice concentrates on litigating complex commercial and employment-related disputes before state and federal courts and arbitration tribunals. He represents clients in a wide range of industries. He is the Editor and a co-author of the firm’s Trade Secrets & Noncompete Blog. He has also written extensively elsewhere on issues regarding trade secrets and restrictive covenant law.Close
Devin C. Dolive
Burr & Forman
Mr. Dolive's practice covers a broad-range of business disputes and employment matters, from the outset of the... | Read More
Mr. Dolive's practice covers a broad-range of business disputes and employment matters, from the outset of the dispute to the final appeal. He practices in the firm’s Commercial Litigation Practice Group and has litigated many types of business disputes. He also represents employers, providing advice on employment laws and collective bargaining and litigating employment claims and ERISA matters.Close
Mr. Pollard is a trial lawyer and commercial litigator and focuses his practice on competition law. He has extensive... | Read More
Mr. Pollard is a trial lawyer and commercial litigator and focuses his practice on competition law. He has extensive experience litigating a wide-range of competition claims, including non-compete, trade secret, trademark, false advertising and antitrust claims. He has been quoted on non-compete and trade secret issues in the Wall Street Journal, Bloomberg, FundFire, Digital Guardian, and more. He has appeared on a PBS NewsHour national segment on non-compete litigation. He has been quoted on issues of litigation strategy and trial practice by The Expert Institute. His articles have appeared in numerous publications including Litigation Commentary & Review, Law.com and Law360. He has taught continuing legal education courses on non-compete and trade secret litigation to other lawyers.Close