Confidentiality, Non-Disclosure and Non-Disparagement Provisions in Employment Agreements
Drafting Enforceable Provisions to Protect Proprietary Information and Corporate Reputation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare employment counsel to draft confidentiality, non-disclosure and non-disparagement provisions in employment agreements that are likely to withstand heightened National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC) and court scrutiny.
Recent regulatory trends
- NLRB rulings
- EEOC enforcement
Best practices for drafting confidentiality, non-disclosure and non-disparagement provisions
- Avoid broad language; be specific
- Do not prohibit discussion of wages, benefits or terms and conditions of employment absent a solid business justification
- Avoid discouraging concerted activity
- Avoid prohibiting cooperation in government investigations
- Social media considerations
The panel will review these and other key questions:
- How are the NLRB's Quicken Loans Inc. decision and the EEOC's recent challenge to non-disparagement agreements impacting the drafting of non-disparagement and confidentiality provisions?
- What can an employee or former employee post on his/her LinkedIn page, Facebook status, or Twitter feed about his or her reasons for leaving a company without violating a confidentiality, non-disclosure or non-disparagement agreement?
- What are some best practices for employment attorneys drafting confidentiality, non-disclosure or non-disparagement agreements to increase the likelihood that the agreements will withstand heightened NLRB and EEOC scrutiny?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
E. Ray Stanford, Jr.
SIO Law Group
Mr. Stanford has appeared in numerous local, state, and federal courts in cases that include predatory and unfair... | Read More
Mr. Stanford has appeared in numerous local, state, and federal courts in cases that include predatory and unfair competition, fiduciary duty, federal and state racketeering, intellectual property, restrictive covenants, employment discrimination, privacy, wrongful discharge, wage and hour compensation, health and safety, pension and welfare benefits, workplace torts, and business and work contracts.Close
Ashley Steiner Kelly
Arnall Golden Gregory
She represents employers in litigation, including claims involving discrimination, the FMLA, wage and hour issues,... | Read More
She represents employers in litigation, including claims involving discrimination, the FMLA, wage and hour issues, employment contracts, and benefits disputes. She frequently advises clients on matters relating to unfair competition and restrictive covenants, such as noncompetition, nonsolicitation, nondisclosure, and trade secrets agreements.Close