NLRB Scrutiny of Restrictive Covenants, NDAs, and Non-Disparagement Provisions: Recent Developments and Best Practices
Remaining Compliant While Protecting Company Trade Secrets and Confidential Information
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will address recent NLRB activity targeting confidentiality, non-disparagement, and noncompete provisions in employment and severance agreements and the impact on employers. The panelists will discuss considerations for counsel and their clients when determining whether to use restrictive covenants and best practices to minimize the risk of committing an unfair labor practice (ULP).
Outline
- NLRB's McLaren Macomb decision
- General Counsel's noncompete guidance memo
- The future of other restrictive covenant provisions such as non-solicitation clauses
- Weighing the risks and benefits of using restrictive covenants
- Possible consequences of noncompliance
- Inter-agency referrals
- Make-whole remedy
- Best practices for compliance
- Determining when and with whom to use restrictive covenants
- Reviewing current and former agreements
- Drafting compliant restrictive covenant provisions
Benefits
The panel will address these and other key issues:
- When is the use of restrictive covenants in employment and/or severance agreements appropriate?
- What risks and benefits should counsel and their clients consider when determining whether to use restrictive covenants?
- What are the possible consequences and penalties if an employer is found to have committed a ULP by using overly broad restrictive covenants?
- Should companies continue to use other restrictive covenant provisions not yet directly targeted by the NLRB such as non-solicitation clauses?
- What are best practices for remaining compliant while also protecting company confidential information and trade secrets?
Faculty
Russell Beck
Partner
Beck Reed Riden
Mr. Beck is a business, trade secrets, and employee mobility litigator, nationally recognized for his trade secrets and... | Read More
Mr. Beck is a business, trade secrets, and employee mobility litigator, nationally recognized for his trade secrets and noncompete experience. A leading authority on the law of trade secrets, noncompetes, and employee mobility, he literally wrote the law, wrote the book, and teaches the course on noncompete law in Massachusetts. Similarly, Mr. Beck revised the Massachusetts Uniform Trade Secrets Act, wrote the books Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019) and Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), teaches the course Trade Secrets and Restrictive Covenants at Boston University School of Law, and co-hosts a podcast on trade secrets and restrictive covenants called Fairly Competing.
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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
Mr. Bindra focuses his practice on employment and executive agreements, noncompete, non-solicit and trade secret disputes, business consulting, executive career counseling, appeals, whistleblower claims, employment arbitration agreements, unpaid wages, and employment discrimination. He has extensive experience working with executives physicians, and corporations. Mr. Bindra was also one of the lead architects and drafters of an amendment to the Illinois Freedom to Work Act that significantly reformed how noncompete and non-solicit agreements are litigated in the state of Illinois. He testified in support of the law and helped bring together a bipartisan coalition of support. As a result, the amendment passed with unanimous support in the Illinois legislature in 2021.
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John H. Chun
Partner
Herrick Feinstein
Mr. Chun is a seasoned litigator with experience handling a wide range of complex commercial, restrictive... | Read More
Mr. Chun is a seasoned litigator with experience handling a wide range of complex commercial, restrictive covenant, trade secret, and real estate litigation matters. His clients include private equity and hedge funds, startups, C-suite executives, technology and healthcare companies, insurance companies and brokers, and other corporate clients. Mr Chun has extensive experience counseling and litigating issues related to employee mobility and protecting trade secrets, including breach of restrictive covenants, corporate raiding, and clawback claims. He litigates misappropriation and non-compete cases on behalf of both employers and executives.
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