PLAY RECORDING

Broadcast Date: Monday, April 25, 2022 from 12:00 pm to 2:00 pm (ET)

Overview:

Over the past years, multiple states have enacted and amended laws against unfair competition. However, the push to widen the scope of banning restrictive covenants and non-compete agreements raises concerns among employers, especially in protecting important company assets and trade secrets. This is further challenged by the hybrid and “new normal” work setup because of COVID-19.

Prompted by the increased enforcement focus to promote fair competition in the economy, federal actions limiting restrictive covenants are likely to be seen. Thus, employers must ensure that all existing and future agreements are compliant with relevant state laws and must contain adequate protection.

Listen as a panel of thought leaders and practitioners organized by The Knowledge Group provide the audience with the latest legislative developments surrounding restrictive covenants and non-compete agreements. Speakers will offer best strategies for businesses to ensure compliance and protection at the same time.

Key issues that will be covered in this course are:

  • Overview of the Law Of Restrictive Covenant and Non-Compete Agreements
  • Drafting Issues and Practical Tips for Restrictive Covenant Agreements in 2022
  • Relevant Cases
  • Litigating Restrictive Covenant Cases
  • Recent Trends in State-Level Restrictive Covenant Law

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Pre-requisite:

General knowledge in labor and employment laws

 

Course Code:

1410247

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

2.0 CLE

Speaker Panel:

Ronald M. Rosengarten, Shareholder
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.

Michael Einbinder, Partner
Einbinder & Dunn

Michael Einbinder is a founding Partner of Einbinder & Dunn and has extensive experience representing clients in disputes in state and federal courts and in arbitration and mediation forums nationwide. Michael’s cases generally involve claims for breach of contract, fraud, misappropriation of trade secrets, interference with contractual relations, enforcement of non-competition agreements and partnership and shareholder disputes. Michael’s clients include businesses in a wide variety of industries including business services, retail, restaurant, hospitality, pet services, garment industry, entertainment, childcare and children’s recreation, healthcare, manufacturing, and logistics. A significant portion of Michael’s practice is devoted to representing franchisor and franchisee clients. He also handles disputes relating to wills, trusts and guardianships.

William Cantrell, Managing Shareholder
Cantrell Zwetsch

Will has spent his entire career representing businesses and individuals in high stakes business disputes.  He has significant experience in, among other matters, restrictive covenants agreements, employment law, executive compensation, business divorces, shareholder actions, and class/collective actions. For seven consecutive years, he has been listed in Florida Super Lawyers.

Will is a graduate of FSU College of Law (J.D., magna cum laude, 2008), where he was selected for the Order of the Coif, graduating in the top five percent of his law class. He also received a master’s degree in international economics from FSU (M.A., cum laude, 2005). After law school, Will served as a law clerk for the Honorable Hugh Lawson, United States District Court Judge for the Middle District of Georgia.

Matthew D. Crawford, Partner
Martenson, Hasbrouck & Simon LLP

Matt represents employers in all types of employment and labor related disputes, including proceedings in state and federal courts, the Equal Employment Opportunity Commission and state anti-discrimination agencies, the National Labor Relations Board, and before labor arbitrators. He has a strong record of successful and cost-effective resolution of cases.

Matt has particular expertise in the field of restrictive covenants. He has assisted numerous clients in drafting effective and enforceable agreements. He also has successfully litigated dozens of cases involving both enforcement of and challenges to restrictive covenant agreements, in numerous state and federal courts around the country.

Agenda:

SEGMENT 1:

Ronald M. Rosengarten, Shareholder

Greenberg Traurig, P.A.

Talking Points:

  • What is the scope of restrictive covenants and non-compete agreements

- Non-competition, soliciting employees, customers and vendors, intellectual property

  • Large v. small employers
  • Customs and practices in the industry
  • Existing restrictions on new employees

SEGMENT 2:

Michael Einbinder, Partner

Einbinder & Dunn

Talking Points:

  • Drafting issues

- Detail rationale for the R/C

- Be sure to indicate a legitimate business interest for the restrictions

    • e.g., employee gained access to confidential/proprietary information
  • Be specific as to the prohibited conduct and don’t overreach
  • Always enforce R/Cs

SEGMENT 3:

William Cantrell, Managing Shareholder

Cantrell Zwetsch

Talking Points:

  • Hiring best practices for individuals subject to restrictive covenants
  • Strategies for defending against enforcement of restrictive covenants
  • Choice of law issues in litigating restrictive covenants
  • Statutory versus common law competition related restrictions on workers

SEGMENT 4:

Matthew D. Crawford, Partner

Martenson, Hasbrouck & Simon LLP

Talking Points:

  • Litigating restrictive covenant cases – theory vs reality
  • Trends in state-level restrictive covenant regulation
  • Positioning yourself for successful enforcement of restrictive covenants

Materials:

Download Course Materials

Who Should Attend:

  • Trade Secrets Lawyers and Consultants
  • Labor & Employment Lawyers
  • Commercial Litigation Attorneys
  • HR Personnel
  • Corporate Lawyers
  • General Counsel

SPEAKERS

Ronald M. RosengartenShareholder
Greenberg Traurig, P.A.
Michael EinbinderPartner
Einbinder & Dunn
William CantrellManaging Shareholder
Cantrell Zwetsch
Matthew D. CrawfordPartner
Martenson, Hasbrouck & Simon LLP

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