Proving Damages for Breach of Covenants Not to Compete or Solicit, Confidentiality, and Fiduciary Duty
Pursuing Lost Profits, Clawback Compensation, Inducement Payments, Loss of Good Will and Other Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employment litigators for proving damages after a current or former employee breaches a covenant not to compete with the employer, solicits the employer’s employees or customers, or discloses the employer’s trade secrets or other confidential information. The panel will also discuss circumstances in which the fiduciary duty of loyalty is implicated by the breach of a restrictive covenant, and potential damages stemming therefrom.
- Potential causes of action following the breach of a restrictive covenant
- Breach of covenant
- Breach of fiduciary duty of loyalty
- Pursuing damages from employee
- Lost profits damages
- Clawback compensation
- Goodwill impairment damages
- Liquidated damages
- Damages available under Defend Trade Secrets Act of 2016
- Pursuing damages from employee’s new employer
- Evaluating when to pursue damages from new employer
- Tortious interference with contract
- Aiding and abetting breach of fiduciary duty
- Damages and remedies in cross border disputes
- Tips on drafting enforceable restrictive covenants
The panel will review these and other key issues:
- What types of damages may employers pursue when a current or former employee breaches a restrictive covenant?
- How does the Defend Trade Secrets Act of 2016 address damages for disclosing trade secrets?
- What methodologies can be used to establish lost profits damages?
- When can and should an employer go after a former employee’s new employer for damages for breach of a restrictive covenant?
- What remedies and damages are available when the wrongdoing occurs outside the United States?
- How can employers draft enforceable covenants to maximize potential damages and equitable remedies?
Andrew (Andy) Boling
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.Close
Emily P. Harbison
Baker & McKenzie
Ms. Harbison has significant experience defending employers in matters involving employment discrimination, including... | Read More
Ms. Harbison has significant experience defending employers in matters involving employment discrimination, including claims under Title VII of The Civil Rights Act, the FMLA, ADEA, ADA and the Texas Commission on Human Rights Act. She regularly advises clients regarding federal contract compliance, ERISA, international executive mobility, wrongful discharge, wage and hour, as well as on a variety of other issues under state and federal laws governing the employment relationship.Close
Richard C. Schoenstein
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.Close