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Negotiating Enforceable Noncompetition and Nonsolicitation Agreements: Compliance With State Statutes and Case Law

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, November 30, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss current legislative and case law trends regarding noncompetition and nonsolicitation agreements, offer best practices for structuring enforceable contracts, and explain determining whether existing agreements are lawful.

Description

Companies often require employees to sign restrictive covenant agreements that include noncompetition, nonsolicitation, and confidentiality clauses. A noncompete prohibits a former employee from working for a competitor, while a nonsolicit typically prohibits a former employee from soliciting customers and employees.

State laws differ widely regarding restrictive covenants. Some states, like California, will generally not enforce a noncompete agreement. Other states, like Illinois, may apply a restrictive covenant if the employer provided adequate consideration to the employee for the covenant. The covenant is necessary to protect a company's legitimate business interests.

Noncompetition and nonsolicitation agreements can be crucial to a company's bottom line, but drafting and enforcing those pacts is tricky. Counsel must know the legal standards that vary state by state and stay abreast of rulings and legislative changes that may happen without much fanfare.

Listen as our distinguished panel discusses the recent legislative changes and case law trends relating to restrictive covenants and guides employment counsel regarding best practices for structuring permissible agreements and analyzing whether existing agreements are lawful.

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Outline

  1. Overview of recent legislation and case law decisions impacting restrictive covenants
  2. Analysis of trends in restrictive covenants from state to state
  3. Discussion of how to analyze existing restrictive covenants
  4. Best practices for employers and employment counsel in structuring new agreements to ensure compliance with recent changes

Benefits

The panel will review these and other relevant topics:

  • What are the recent legislative changes impacting restrictive covenants?
  • What are the current case law decisions affecting noncompete and nonsolicitation agreements?
  • How can employers structure restrictive covenants to comply with new laws and decisions?
  • How can employment counsel analyze existing agreements for compliance?

Faculty

Bindra, Amit
Amit S. Bindra

Partner
The Prinz Law Firm

Mr. Bindra focuses his practice on employment and executive agreements, noncompete, non-solicit and trade secret...  |  Read More

Milligan, Robert
Robert B. Milligan

Partner
Seyfarth Shaw

Mr. Milligan Co-Chairs the firm's Trade Secrets, Computer Fraud & Noncompetes Practice Group. His practice...  |  Read More

Warner, A. Millie
A. Millie Warner

Senior Counsel
Epstein Becker Green

Ms. Warner guides clients through a wide range of employment law and human resources issues they face while...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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