Employee Inventions and Onboarding New Hires: Ownership Considerations, State Requirements, Assignment and Noncompetes

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, May 19, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 23, 2021

or call 1-800-926-7926

This CLE webinar will advise employment counsel on the needs when onboarding new hires to create an employment agreement that includes the provisions related to ownership and assignment of employee inventions. The panel will look at recent case decisions across the country that have limited employers' ability to compel the surrender of copyright, patent, and other intellectual property.

Description

Whether a business is a startup or an ongoing concern, ownership of "ideas" is often an area of dispute between employees/inventors and their employers. When an invention is created on the job or using employer resources, the employer has a substantial claim as the owner. Employment counsel for businesses should ensure that policies and agreements are in place to ensure employers have a clear title to these inventions to avoid costly litigation.

Recent federal case law has established what it means for an employee to "conceive" of an invention while employed by a specific business. The case of Whitewater West Industries Ltd. v. Alleshouse et al. is an important decision for both employers and employees as it clarifies what is required for a valid assignment under state law.

Counsel must draft agreements that are not overly broad and provide clear compensation for the work that is not considered a hard penalty on post-employment behavior. Incorporating these provisions into existing noncompetes and other restrictive covenants can protect employers and how agreements can delineate for employees what is and is not their property to utilize once employment ends.

Listen as our authoritative panel addresses employment agreement provisions to include valid invention assignments, what constitutes valid consideration, and how noncompetes and other restrictive covenants can protect employers and clarify employee rights.

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Outline

  1. Employee agreements
  2. Inventions
    1. Ownership
    2. Assignment
    3. Consideration
  3. Recent case law
  4. Best practices

Benefits

The panel will review these and other relevant topics:

  • What establishes the ownership of ideas, information, know-how, and other property created on the job by employees?
  • What is the impact of an employee's duties on ownership of property created on the job?
  • How does adequate compensation relate to protecting employer property?
  • What essential agreements, policies, and practices are needed to preserve employer property?
  • What to do if an employee asserts ownership to property created on the job

Faculty

Fulton, Suzy
Suzy Fulton

Co-founder & Managing Partner
Grable Martin Fulton

Ms. Fulton’s practice is concentrated on technology transactions, such as Software-as-a Service (SaaS) or cloud...  |  Read More

Sandberg, Katherine
Katherine P. Sandberg

Attorney
Hunton Andrews Kurth

Ms. Sandberg has extensive experience in wage and hour class actions and high-stakes trade secrets litigation. She also...  |  Read More

Attend on May 19

Early Discount (through 04/23/21)

Cannot Attend May 19?

Early Discount (through 04/23/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

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