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 Tuesday, August 15, 2017
Recorded event now available


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.


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Schulte Roth & Zabel

Judith (Jude) Biggs

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Holland & Hart

Joshua Davis

Director

Goulston & Storrs

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Partner

Perkins Coie

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Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

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William C. Martucci

Partner

Shook Hardy & Bacon

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Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

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Member

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Partner

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Greenberg Traurig

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