Litigating Nondisclosure, Confidentiality and Other Restrictive Covenant Agreements in Commercial Transactions

Leveraging Pre-Litigation Strategies and Emergency Relief Orders, Articulating Damage Claims, and Anticipating Defense Theories

*** This program has been cancelled ***

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

Tuesday, August 8, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will prepare attorneys to litigate nondisclosure, confidentiality and other restrictive covenant agreements in commercial transactions.


Restrictive covenants (like noncompete, nonsolicit, and non-disclosure provisions) are a common tool used by companies to safeguard their trade secrets and confidential information. Our panel will prepare litigators to bring cases to enforce such restrictive covenants against former employees, executives, vendors, contractors, and business partners. The program will discuss pre-litigation strategies of continuing obligations and cease-and-desist letters to prevent dissemination of confidential information. The panel will also outline litigation strategies, including obtaining ex parte seizure orders and preliminary injunctions, damages, remedies, and defense theories involving restrictive covenants.

We will also discuss how the Defend Trade Secrets Act of 2016 (“DTSA”) has impacted litigation involving the disclosure of trade secrets, which litigation often goes hand in hand with a claim for breach of a restrictive covenant. Significantly, DTSA contains certain notice requirements that must be contained in any new or updated employment agreement that governs the use of a trade secret or other confidential information.

Listen as our panel of litigators discusses litigation to enforce nondisclosure, confidentiality and other business-related restrictive covenants against former employees/executives, vendors, contractors, and business partners. The panel will look at pre-litigation strategies of continuing obligations and cease and desist letters to prevent dissemination of confidential information. The panel will also prepare litigators to obtain ex parte seizure orders and preliminary injunctions, and discuss damages, remedies and defense theories.


  1. Pre-litigation strategies
    1. Continuing obligations letter
    2. Cease and desist letter
  2. Choice of law and cause of action
  3. Emergency orders
    1. Ex parte seizure orders
    2. Preliminary injunctions
  4. Damages/remedies
    1. Impact of Defend Trade Secrets Act on available remedies
  5. Defense theories


The panel will review these and other key issues:

  • What are effective strategies for enforcing restrictive covenant and other confidentiality agreements?
  • What constitutes irreparable injury for preliminary injunctions—and when are you entitled to a presumption of irreparable injury?
  • What remedies does DTSA provide when trade secret are disclosed and what are the practical ramifications of DTSA?


Richard C. Schoenstein, Partner
Tarter Krinsky & Drogin, New York

Mr. Schoenstein has 25 years of experience handling business and employment disputes, through trials and appeals, arbitration and mediation, and internal and external investigations. He has represented clients from individuals to large corporations and financial institutions, specializing in commercial and employment contracts, restrictive covenants and employee mobility, and employment discrimination claims defense, among others.

Jonathan L. Shapiro
Epstein Becker Green, New York

Mr. Shapiro represents clients in employment-related litigation on a broad array of employment matters, including claims of discrimination, harassment/hostile work environment, retaliation, wrongful termination, retaliation, failure to accommodate disabilities, and breach of employment contracts and restrictive covenants. He also represents employers in wage and hour individual and class action lawsuits alleging FLSA violations. Previously, he worked at an international law firm where he represented clients in complex commercial litigation matters, including labor and employment litigations, class actions, and contractual disputes.

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Litigation Advisory Board

David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

Jonathan Evan Goldberg



Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


Mayer Brown

Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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