Restrictive Covenants in Employment: Crafting Enforceable Noncompete and Non-Solicitation Agreements

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


Conducted on Wednesday, October 14, 2015

Recorded event now available

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Program Materials

This CLE webinar will guide employment counsel in crafting clear and enforceable restrictive covenants that protect their clients from unfair competition and withstand court scrutiny. The experienced panel will discuss the elements of effective restrictive covenants and review the latest state court developments regarding the validity of noncompete and non-solicitation agreements.

Description

Restrictive covenants are essential tools to help employers guard against unfair competition in an age of frequent employee mobility. However, employers seeking to enter into noncompete or non-solicitation agreements with employees must understand the potential limitations on their enforceability and craft them to withstand court scrutiny.

When it comes to restrictive covenants, one size does not fit all. Enforceable noncompete and non-solicitation agreements should be supported by sufficient consideration, be reasonable in scope and duration when such restrictions are permitted by applicable law, and include provisions that are appropriate for the individual circumstances. Employers should also develop an effective process for enforcing restrictive covenants when workers depart.

Listen as our authoritative panel of employment attorneys discusses best practices for drafting clear and enforceable restrictive covenants that protect their clients from unfair competition and withstand court scrutiny. The experienced panel will discuss the elements of effective restrictive covenants and review the latest state court developments regarding the validity of noncompete and non-solicitation agreements.

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Outline

  1. Benefits and limitations of restrictive covenants
  2. Review of recent court decisions and major differences between states
  3. Best drafting practices for noncompete and non-solicitation agreements

Benefits

The panel will review these and other key issues:

  • What are the key provisions to include in noncompete agreements?
  • How should restrictive covenants be drafted to avoid being considered unreasonable, overbroad and unenforceable by the courts?
  • What policies and practices should employers implement to help ensure swift and effective enforcement of restrictive covenants when an employee departs?

Faculty

Mark A. Saloman
Mark A. Saloman

Partner
FordHarrison

Mr. Saloman's practice focuses on complex employment litigation as well as counseling clients on the meaning,...  |  Read More

Paul E. Starkman
Paul E. Starkman

Partner
Pedersen & Houpt

As the leader of the firm’s Labor and Employment Law Practice Group, Mr. Starkman focuses his practice on labor...  |  Read More

Jennifer M. Trulock
Jennifer M. Trulock

Partner
Baker Botts

Ms. Trulock is Chair of the firm’s Labor and Employment Practice Group. She counsels companies on how to manage...  |  Read More

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