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
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.
Outline
- The prevalence and form of non-compete agreements
- Non-compete litigation, trial tactics, and settlement
- Employee’s anticipation of litigation
- Non-compete litigation: preparing for prosecution
- Employee’s initial analysis: non-compete agreement pre-litigation concerns
- 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
Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented... | Read More
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.
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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
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.
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Richard C. Schoenstein
Partner
Tarter Krinsky & Drogin
Mr. Schoenstein has 25 years of experience handling business and employment disputes, through trials and appeals,... | Read More
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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