Non-Compete Agreement Litigation Strategies

Leveraging Trial Techniques, Identifying Causes of Action, Preparing for Defense Theories and Counterclaims

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

Conducted on Wednesday, May 13, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide employment counsel with tools to navigate fast-paced, high stakes non-compete litigation. The panel will review trial preparation and litigation techniques, identification of successful causes of action, and preparation for defense theories and counterclaims.


Employers often require employees to sign non-compete agreements to safeguard their trade secrets, client lists/customer data and business relationships. Non-competes usually include restrictions on employees engaging in their own business as well as becoming an employee of a competitor. 

A former employee divulging closely guarded confidential information and/or trade secrets can cause millions of dollars in damage, and litigation is inevitable. Non-compete litigation has increased by 60% over the past decade, according to several sources, and there is no sign of it abating.

Non-compete lawsuits are among the most challenging for employers’ counsel, given the complexity, time sensitivity and high stakes involved. The wide variation in controlling legal standards only increases the difficulty for counsel.

Listen as our distinguished panel reviews best practices for pre-litigation as well as trial strategies once litigation has commenced. The panel will provide counsel with an analysis of applicable causes of action and possible defense theories.



  1. Pre-trial considerations
    1. Investigating and gathering evidence
    2. Assessing agreement validity
    3. Choice of law
  2. Trial techniques
    1. Causes of action
    2. Discovery
    3. Remedies
    4. Defense theories
    5. Counterclaims


The panel will review these and other key issues:

  • What considerations should be made in deciding whether to bring an action for breach of a non-compete covenant?
  • What strategies should be undertaken in preparation for trial?
  • What are the most successful causes of action in a non-compete lawsuit?
  • What are the potential defenses and counterclaims that may be brought?


Boling, Andrew
Andrew (Andy) Boling

Baker & McKenzie

Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented...  |  Read More

Oswald, Scott
R. Scott Oswald

Managing Principal
The Employment Law Group

With more than three dozen trials to verdict and over $90 million recovered in judgments and settlements in employment...  |  Read More

Richard C. Schoenstein
Richard C. Schoenstein

Satterlee Stephens Burke & Burke

Mr. Schoenstein has been handling business and employment disputes for more than 20 years, including: trials and...  |  Read More

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