Broadcast Date: Wednesday, July 27, 2022
from 12:00 pm to 1:00 pm (ET)

Overview:

Restrictive covenants are enforced under the standards of reasonableness, recognizing the balance between protection and free competition. However, significant criticisms and issues such as unfair restrictions on employee mobility have aroused which prompted several states to pass legislations geared toward fostering workers’ welfare.  In July 2021, President Biden also issued an Executive Order to promote fair competition and tasked the Federal Trade Commission (FTC) to curtail employers’ ability to use non-compete clauses and restrictive covenants.

With the shifting regulatory paradigm, employers and practitioners alike should carefully review their restrictive covenant agreements and stay in the loop with any forthcoming developments to ensure compliance and avoid legal risks.

Listen as experienced commercial litigators Jennifer Corinis (Greenberg Traurig, LLP) and Charles Galvin (Frost Brown Todd) provide a comprehensive discussion of the current and emerging regulatory trends on restrictive covenants under the Biden administration. Speakers, among other things, will offer practical tips and compliance strategies in this constantly changing legal landscape.

Key issues that will be covered in this course are:

  • Restrictive Covenants Under the Biden Administration: Latest Developments
  • Common Issues on the Use of Restrictive Covenants
  • Implications and Drawbacks
  • Practical Tips and Compliance Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of Restrictive Covenants

 

Course Code:

1410371

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Jennifer Corinis , Of Counsel
Greenberg Traurig, LLP

Jennifer W. Corinis has deep trial and appellate experience, in both federal and state courts, focusing on claims of alleged individual and class discrimination, Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Rehabilitation Act of 1973, as well as complex medical malpractice and tort cases. Prior to joining the firm, Jennifer was an Assistant U.S. Attorney in the Middle District of Florida where she gained valuable courtroom experience—approximately a dozen trials and more than ten oral arguments before the Eleventh Circuit. Before joining the U.S. Attorney’s Office, Jennifer spent six years in private practice at two large Boston law firms, where she defended auditing firms in securities class actions, and participated in employment and intellectual property matters.

Charles Galvin, Member
Frost Brown Todd

Charles leverages his first-chair trial and appellate experience in courtrooms to achieve successful results in complex legal disputes. As part of Frost Brown Todd’s Business Litigation practice group, he regularly advises clients on issues regarding unfair competition and restrictive covenants.  He has successfully litigated the enforcement of non-compete agreements in state and federal courts, from obtaining temporary restraining orders to trying cases all the way to verdict and through appeals.  Some of his successes on behalf of clients have resulted in published decisions and been featured in Law 360.

Agenda:

Jennifer Corinis Of Counsel

Greenberg Traurig, LLP

  • DOJ’s recent trend of prosecuting companies that engage in “no poach” agreements (through info-sharing agreement with DOL)
  • Coordinated action between Treasury, DOL, DOJ, and the FTC to target perceived anti-competitive business practices, including Treasury’s March 2022 report
  • Using nondisclosure and non-solicitation provisions to protect trade secrets in lieu of non-compete agreements.

 

Charles GalvinMember

Frost Brown Todd

  • The Freedom to Compete Act
    • Its history and current status
    • How it would impact the use of non-compete agreements
  • State-by-state trends
    • Illinois, Maryland, Maine, Massachusetts, Oregon, Nevada, New Hampshire, Rhode Island, Virginia, Washington, and New Jersey have taken steps towards banning non-compete agreements.
    • The District of Columbia’s ban on non-compete agreements that took effect April of this year.
  • The FTC’s response since the executive order issued by President Biden last July.
    • Strategic plan for fiscal years 2022-2026
    • Workshop with DOJ in December, “Making Competition Work: Promoting Competition in Labor Markets.”
    • Other actions?

Date & Time:

Wednesday, July 27, 2022

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Labor & Employment Lawyers
  • Trade Secrets Lawyers
  • Corporate Lawyers
  • General Counsel
  • Chief Human Resource Officers
  • VPs/Directors of Human Resource
  • Human Resource Executives
  • Human Resource Managers
  • Chief Compliance Officers
  • VPs/Director of Compliance
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SPEAKERS

Jennifer Corinis Of Counsel
Greenberg Traurig, LLP
Charles GalvinMember
Frost Brown Todd

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