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Noncompete Agreement Litigation Strategies

Leveraging Trial Techniques, Identifying Causes of Action, Preparing for Defense Theories and Counterclaims

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, June 23, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will explore noncompete agreements and related disputes and litigation. The panel will provide a general discussion of noncompete agreements and other restrictive covenants, discuss developments in the courts and the legislature that impact such agreements, and offer strategic perspectives on how to address potential breaches in and out of the courts.

Description

Employers often require employees to sign noncompete agreements or other restrictive covenants to safeguard their trade secrets, client lists, customer data, and business relationships. Noncompetes can include restrictions on employees engaging in their own business as well as becoming an employee of a competitor.

Although noncompetes have drawn increasing criticism, they can have legitimate and valid uses. For example, a former employee divulging closely guarded confidential information and/or trade secrets can cause millions of dollars in damage, and it is not surprising that many companies look for protection. For employees, however, noncompetes can be burdensome and overly restrictive on efforts to advance one's career. It is a delicate balance.

As the use of such provisions has proliferated, noncompete lawsuits also have increased over the years. They are among the most challenging for employers' counsel given the complexity, time sensitivity, and high dollars and risk involved. Variation in controlling legal standards only increases the difficulty for counsel.

Listen as our distinguished panel reviews best practices for pre-litigation, as well as trial strategies once litigation has commenced. The panel will provide counsel with an analysis of applicable causes of action and possible defense theories.

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Outline

  1. The prevalence and form of noncompete agreements
  2. Noncompete litigation, trial tactics, and settlement
  3. Employee's anticipation of litigation
  4. Noncompete litigation: preparing for prosecution
  5. Employee's initial analysis: noncompete agreement pre-litigation concerns
  6. Employer's perspective: drafting enforceable agreements

Benefits

The panel will review these and other key issues:

  • The prevalence and form of noncompete agreements
  • The employer's perspective and considerations in drafting enforceable noncompetes
  • The employee's perspective and concerns regarding noncompetes
  • Preparation for prosecuting breaches of noncompetes, viewed from both sides
  • Noncompete litigation, trial tactics, and settlement strategy
  • Strategies for using and enforcing restrictive covenants outside the United States

Faculty

Boling, Andrew
Andrew (Andy) Boling
Partner
Baker & McKenzie

Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented...  |  Read More

Oswald, Scott
R. Scott Oswald
Managing Principal
The Employment Law Group

With more than three dozen trials to verdict and over $90 million recovered in judgments and settlements in employment...  |  Read More

Schoenstein, Richard
Richard C. Schoenstein
Partner
Tarter Krinsky & Drogin

Mr. Schoenstein has 25 years of experience handling business and employment disputes, through trials and appeals,...  |  Read More

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