Recovering Damages and Obtaining Other Relief 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 guide employment counsel 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 breach of a restrictive covenant implicates the fiduciary duty of loyalty and potential resulting damages.
- Potential causes of action following the breach of a restrictive covenant
- Breach of covenant
- Breach of the fiduciary duty of loyalty
- Pursuing damages from the 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 seek damages from a new employer
- Tortious interference with contract
- Aiding and abetting breach of fiduciary duty
- Tips on drafting enforceable restrictive covenants
The panel will review these and other high priority 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 U.S.?
- How can employers draft enforceable covenants to maximize potential damages and equitable remedies?
David N. Kleinmann
Tarter Krinsky & Drogin
Mr. Kleinmann is a partner in the Labor & Employment practice and co-chair of the firm's Restrictive Covenant... | Read More
Mr. Kleinmann is a partner in the Labor & Employment practice and co-chair of the firm's Restrictive Covenant practice. He focuses on strategic counseling and litigation for employers and professionals with restrictive covenant matters. He also counsels regarding litigation avoidance and represents clients involving their compliance with, and litigation of, federal, state and local employment laws and wage and hour laws. Mr. Kleinmann has represented clients in New York State and federal courts, and has conducted arbitrations at venues such as FINRA and the American Arbitration Association. He counsels and represents clients in the insurance brokerage, accounting, staffing, banking, finance, e-commerce, restaurant and other industries.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