Broadcast Date: Tuesday, February 21, 2023
from 3:00 pm to 4:30 pm (ET)
Overview:
A non-compete agreement is crucial for protecting a company’s trade secrets and other valuable assets from employees who leave the business. However, some organizations fail to include legitimate restrictions for employees’ conduct even after their employment ended, exposing them to risks. More so, the potential for misappropriation or theft of trade secrets. This underscores the need for businesses and their counsel to be well-versed in drafting sound non-compete agreements and be abreast of emerging developments to be able to structure preventive measures and mitigate potential risks.
Listen as a panel of key thought leaders and distinguished experts organized by The Knowledge Group provide the audience with a comprehensive discussion on utilizing non-compete agreements to ensure trade secret protection. Speakers, among other things, will also offer practical tips and best practices to avoid pitfalls.
This LIVE Webcast will discuss the following:
- Trade Secret Protection: How to Effectively Utilize Non-Compete Agreements
- Critical Considerations in Drafting Non-Compete Contracts
- Common Mistakes in Executing Non-Compete Clauses
- Practical Tips and Best Practices to Avoid Pitfalls
- Monetary Remedies for Violation of Non-Compete Agreements and Misappropriation of Trade Secrets
- Case Examples relating to how such Monetary Remedies may be Calculated
- What Lies Ahead
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast (CLE)
Prerequisite:
General knowledge of trade secret laws
Course Code:
1410334
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
1.5 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Abraham Y. Skoff, Partner
Leader, Trade Secrets, Noncompete & Unfair Competition Litigation Practice Group
Moses & Singer LLP
Abraham Y. (Avi) Skoff is the Leader of Moses Singer’s Trade Secrets, Noncompete & Unfair Competition Litigation Practice Group and has over twenty-five years’ experience in practicing law, including involvement in a number of major, newsworthy cases. He served as Assistant U.S. Attorney and Deputy Chief of the Civil Division, U.S. Attorney’s Office, Eastern District of New York, and has litigated cases in courts throughout the country. Avi focuses his practice on complex civil litigation. He is an experienced trial lawyer and has significant experience in an unusually broad range of practice areas, including trade secrets, restrictive covenants and unfair competition. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims. He is admitted to practice in New York and New Jersey. Avi is rated AV Preeminent™ by Martindale-Hubbell and has been listed in New York Super Lawyers® since 2006.
Ronald M. Rosengarten, Shareholder
Top Rated Labor and Employment Lawyer
Greenberg Traurig, P.A.
Ron has experience on a wide range of employment-related issues and provides guidance on substantive areas of the law. He also provides practical advice on managing the workforce. He focuses his practice in the area of employment law, providing consulting services on an entire range of employment-related matters, including Title VII, ADA, wage-hour laws, non-compete agreements, and trade secrets, employment agreements, WARN Act, OSHA, whistleblower laws, ERISA, and downsizing. He also assists clients in creating document retention programs. Ron handles litigation before the Equal Employment Opportunity Commission (EEOC), state agencies, and state and federal courts.
Ron also represents national and local clients in a wide range of real estate litigation, including commercial foreclosures, commercial landlord tenant litigation, quiet title, easement and restrictive covenant disputes, and construction litigation.
Minh P. Doan, Vice President
Top Economic Expert for IP Matters
Analysis Group
Ms. Doan has more than 15 years of experience in evaluating economic damages and providing expert testimony in complex commercial disputes, including patent infringement, trade secrets, breach of contract, false advertising, class certification, loss of earnings, and antitrust matters. She has submitted numerous expert reports and testified as an expert witness. Ms. Doan has extensive experience developing damages models and determining lost sales, lost profits, unjust enrichment, reasonable royalties, and price erosion damages. She has also evaluated claims of irreparable economic injury and other economic criteria relevant to obtaining an injunction. Ms. Doan has been recognized as among the top economic experts for IP matters by Intellectual Asset Management (IAM) in the IAM Patent 1000.
Agenda:
SEGMENT 1:
Abraham Y. Skoff, Partner
Leader, Trade Secrets, Noncompete & Unfair Competition Litigation Practice Group
Moses & Singer LLP
- Protecting Trade Secrets and other Key Assets
- High-Profile Cases Contribute to the Popular Perception that Restrictive Covenants Are Being Used to Oppress Employees
- What is a Trade Secret?
- Reasonable Measures and “Readily Ascertainable by Proper Means”
- Employee’s general skill or knowledge
SEGMENT 2:
Ronald M. Rosengarten, Shareholder
Top Rated Labor and Employment Lawyer
Greenberg Traurig, P.A.
- Types of activities that non-compete and restrictive covenant agreements protect.
- Definition of trade secrets
- Interaction between trade secrets and other types of restrictions.
SEGMENT 3:
Minh P. Doan, Vice President
Top Economic Expert for IP Matters
Analysis Group
- Overview of common monetary remedies available in violation of non-compete agreements and trade secrets misappropriation matters
- Discuss key economic factors in calculating and evaluating monetary remedies, including lost profits, disgorgement of unjust gains, and reasonable royalty
- Review examples of violation of non-compete agreements and trade secret misappropriation case opinions where many of these monetary remedies were presented. In one case the presented remedies are excluded by the court and in another case the court found the remedies admissible.
- Discuss key takeaways from these court decisions when presenting reliable economic damages and monetary remedies
Date & Time:
Tuesday, February 21, 2023
3:00 pm to 4:30 pm (ET)
Who Should Attend:
- Trade Secrets Lawyers
- Intellectual Property Lawyers
- Labor & Employment Lawyers
- Chief Information Officers
- Chief Security Officers
- Directors and Managers of Information Security
- General Counsel
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