Non-Compete Agreement Litigation Strategies

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

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


Tuesday, August 15, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 28, 2017


This CLE webinar will explore non-compete agreements and the litigation of related disputes, providing a general discussion of non-compete agreements and other restrictive covenants, recent updates regarding developments in the courts and the legislature that impact such agreements, and strategic perspective on how to address potential breaches in and out of the courts.

Description

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

Although non-competes have drawn increasing criticism, they can have legitimate and valid uses. For example, a former employee divulging closely guarded confidential information and/or trade secrets can cause millions of dollars in damage, and it is not surprising that many companies look for protection. For employees, however, non-competes can be burdensome and overly restrictive on efforts to advance one’s career. It is a difficult balance.

As the use of such provisions has proliferated, non-compete lawsuits also have increased over the years and are among the most challenging for employers’ counsel given the complexity, time sensitivity, and high dollars and risk involved. 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.

Outline

  1. The prevalence and form of non-compete agreements
  2. Non-compete litigation, trial tactics, and settlement
  3. Employee’s anticipation of litigation
  4. Non-compete litigation: preparing for prosecution
  5. Employee’s initial analysis: non-compete agreement pre-litigation concerns
  6. Employer’s perspective: drafting enforceable agreements

Benefits

The panel will review these and other key issues:

  • The prevalence and form of non-compete agreements;
  • The employer’s perspective and considerations in drafting enforceable non-competes;
  • The employee’s perspective and concerns regarding non-competes;
  • Preparation for prosecuting breaches of non-competes, viewed from both sides;
  • Non-compete litigation, trial tactics and settlement strategy;
  • Strategies for using and enforcing restrictive covenants outside the United States.

Faculty

Andrew (Andy) Boling, Partner
Baker & McKenzie, Chicago

Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented companies in litigation involving state and federal employment discrimination laws, wrongful discharge, individual employment contracts, employee disloyalty, compensation and commission disputes, and work-related tort claims. Mr. Boling has also written and lectured extensively on employment law issues.

R. Scott Oswald, Managing Principal
The Employment Law Group, Washington, D.C.

With more than three dozen trials to verdict and over $90 million recovered in judgments and settlements in employment and whistleblower actions, Mr. Oswald is an accomplished trial lawyer in whistleblower retaliation, qui tam, wrongful discharge, discrimination, FMLA, USERRA, noncompete, and wage and overtime actions in federal and state courts. He is a frequent lecturer on employment law topics.

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.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 07/28/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 07/28/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 07/28/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

Includes Early Discount Savings of $50.00 (through 07/28/17)

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 07/28/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 07/28/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 07/28/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
July 28, 2017
(6 days)

or call 1-800-926-7926

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or call 1-800-926-7926

Customer Reviews

Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.

Ken J. Pedersen

Pedersen & Company

I very much liked the format, and I appreciated the handouts and links we were provided as a result of our participation...very thorough materials.

Addie Arvidson

Slattery, Marino & Roberts

I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.

Thomas G. Mancuso

Haskell Slaughter

I liked the speaker's overall information on the industry and how compelling the presentation was. The program was very thought provoking, and covered more than what we expected.

Judy Chen

Chapman and Cutler

The webinar was well organized and covered the key points clearly.

Steven Sulsky

Certilman Balin

or call 1-800-926-7926

Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.