Seeking Recovery for Breach of Restrictive Covenants: Damages, Injunctive Relief, and Beyond
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide employment counsel in seeking recovery after a current or former employee breaches a restrictive covenant--whether that is a covenant not to compete with the employer, a non-solicitation of the employer's employees or customers, or a nondisclosure agreement regarding 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 harms from which the employer can recover.
- Potential causes of action following the breach of a restrictive covenant
- Breach of covenant
- Breach of the fiduciary duty of loyalty
- Pursing injunctive relief
- Pursuing damages from the employee and new employer
- Lost profits damages
- Clawback compensation
- Goodwill impairment damages
- Liquidated damages
- Pursuing other forms of relief
- Recovery under Defend Trade Secrets Act of 2016
- 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 are the methodologies to establish damages? How are they different from jurisdiction to jurisdiction?
- 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?
Jesse M. Coleman
Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade... | Read More
Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade secret and noncompete matters for clients across the business spectrum from hospitality to telecommunications. He has further successfully litigated multiple trade secret and noncompete matters, assisting clients in protecting their trade secrets, obtaining injunctive relief, and defending against claims of misappropriation.Close
Erik W. Weibust
Epstein Becker & Green
Mr. Weibust represents clients in commercial litigation matters, including franchise, distribution, and real estate... | Read More
Mr. Weibust represents clients in commercial litigation matters, including franchise, distribution, and real estate disputes, to name a few. He has substantial case management experience from the early stages of litigation through the appeals process, including investigations, discovery, mediation, and trial and arbitration, as well as litigation avoidance.Close