Noncompete Agreements: Latest Litigation Developments

Crafting and Enforcing Contracts That Protect Confidential Business Information and Trade Secrets

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

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Conducted on Thursday, August 11, 2011

Recorded event now available

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Course Materials

This CLE course will prepare employment counsel to craft clear and enforceable noncompete agreements that are likely to stand up in court. The panel will also discuss litigation strategies for employment counsel pursuing or defending noncompete litigation.


Employers frequently use noncompete agreements to protect confidential business information from misappropriation by departing employees. With continuing layoffs and business information easily accessible via computers and the Internet, enforceable noncompetes are critical in today’s economy.

Employment attorneys crafting noncompete agreements must avoid unreasonable and overbroad provisions. Courts are increasingly scrutinizing and, in some instances, refusing to enforce agreements that go too far to restrict employee activity.

Employment counsel seeking to enforce noncompete agreements must develop strategies for evaluating potential claims, weighing whether to litigate or settle claims early, and conducting and complying with the discovery process in the most cost-effective manner.

Listen as our panel of employment attorneys discusses best practices for crafting clear and enforceable noncompete agreements that are likely to withstand court scrutiny. The panel will also discuss litigation strategies for employment counsel pursuing or defending noncompete litigation.



  1. How can employers protect themselves?
    1. Secure promise not to compete during pre-hire negotiations
    2. Draft noncompete with enforcement in mind
    3. Cross-border noncompete agreements
  2. Minimizing litigation risks when hiring employees with restrictive covenants and/or access to trade secrets
  3. Litigation considerations
    1. Litigate or settle early?
    2. What forum?
    3. Potential claims
    4. Preliminary relief
    5. Benefits of obtaining a declaratory judgment in a favorable jurisdiction as quickly as possible
    6. Discovery while trying to do business
    7. Trial strategies
    8. Relief
  4. Issues arising in the social media context


The panel will review these and other key questions:

  • How can noncompete agreements be structured to avoid being found an unfair restraint on trade and competition?
  • What are the key steps for employers to follow, beginning with hiring and prior to a termination, to reinforce the confidentiality of company information with employees?
  • How are employees using social media to violate noncompete agreements – and how can employers use social media to their advantage in enforcing them?
  • What legal considerations should employment counsel take into account when deciding whether litigation is the most appropriate means for addressing an alleged breach of a noncompete agreement?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jessica Brown
Jessica Brown

Gibson Dunn & Crutcher

She represents corporate clients in connection with trade secret litigation, restrictive covenants, wage and hour and...  |  Read More

Peter A. Steinmeyer
Peter A. Steinmeyer

Epstein Becker & Green

He is Co-Chair of the firm's Non-Competes, Unfair Competition and Trade Secrets Practice Group, and practices all...  |  Read More

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