Broadcast Date: Wednesday, February 17, 2021
from 12:00 pm to 2:00 pm (ET)
Overview:
The ever-changing landscape of non-compete law continues to give rise to significant developments that companies need to be aware of. Recently, several new state laws have been adopted to limit non-compete agreements’ enforceability, thus, further complicating matters for employers. At the federal level, the Freedom to Compete Act has been introduced in the Senate to prohibit non-compete pacts for minimum wage earners. Moreover, with a pandemic in the backdrop, many other issues have also emerged.
As efforts to protect one’s business interests get more complicated and challenging, it is becoming more imperative for employers to be proactive in reassessing their current practices and changing them according to current regulatory developments and issues.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they delve into an in-depth discussion of the current trends, developments, and critical issues in non-compete law. Speakers will also offer the best compliance practices and practical tips in managing potential legal risks and liabilities.
Some of the major topics that will be covered in this course are:
- Non-Compete Law – Recent Trends and Developments
- Critical Issues and Challenges
- COVID-19 Implications
- Notable Court Rulings
- Best Compliance Practices
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of non-compete laws
Course Code:
148996
NY Category of CLE Credit:
Area of Professional Practice
Total Credits:
2.0 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 Skoff, Partner
Moses & Singer LLP
Abraham Y. (Avi) Skoff is Co-chair of Moses & Singer’s Litigation practice 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 unfair competition, restrictive covenants and trade secrets. Avi has represented parties before the Judicial Panel on Multi- District Litigation and coordinated the defense of nationwide class action claims.
James Gale, Co-Chair, Intellectual Property Litigation
Cozen O'Connor
James A. (Jim) Gale focuses his practice in the area of intellectual property counseling and litigation. He is a registered patent attorney with over 36 years of experience and is Chambers Band 1 ranked in Florida, Martindale AV Preeminent© rated, Board Certified in Intellectual Property by the Florida Bar, an AAA Arbitrator and the former inaugural chair of the IP Board Certification Committee. Jim has handled hundreds of cases involving patents, theft of trade secrets, restrictive covenants, trademarks, unfair competition, and internet disputes. He has appeared in over 400 federal cases in more than 48 federal district and circuit courts, as well as handled hundreds of injunctions in over 35 different states around the nation.
Michael P. Kuhn, Partner
FisherBroyles, LLP
Mr. Kuhn practices in the areas of commercial, corporate and employment law, with a strong emphasis on international matters. He represents U.S. companies engaged in projects in the U.S. and abroad as well as European companies with business interests in the U.S. Mr. Kuhn’s experience includes counseling corporations, partnerships and limited liability companies on legal matters arising under both U.S. and international law. Having practiced in both the U.S. and in Europe, Mr. Kuhn has unique expertise particularly in assisting European clients in understanding and complying with the laws of those jurisdictions by explaining applicable legal requirements in terms that are understandable.
William Collins, Partner
Burr and Forman
Chip Collins is a partner and business litigator in the Atlanta office of Burr & Forman LLP. His practice is largely focused on litigating and arbitrating non-compete and trade secret disputes, counseling employers and executives on unfair competition issues, and drafting employment and severance agreements. Chip is a frequent commentator on non-compete and trade secret issues, having been featured in publications including the Atlanta Business Chronicle, Attorney at Law, and Business to Business, and he started his firm’s unfair competition blog (noncompetetradesecretslaw.com), to which he is a contributor.
Agenda:
SEGMENT 1:
Michael P. Kuhn, Partner
FisherBroyles, LLP
- Drafting Issues and Considerations
- What type of con-compete covenant: non-solicitation of customers/employees; or general non-compete provision
- Timing: during or post-employment?
- Duration of covenant;
- Reasonable territory;
- Public policy restrictions;
- Garden leave provisions;
- Consideration (nominal or more substantive);
- Choice of law
SEGMENT 2:
William Collins, Partner
Burr and Forman
- Practical Litigation Issues and Considerations
- TROS and Preliminary Injunction Hearings
- Discovery and evidentiary Issues
- Damage theories
SEGMENT 3:
James Gale, Co-Chair, Intellectual Property Litigation
Cozen O'Connor
- Recent Developments in Case Law and Legislation
- Recent Non-Compete Cases Around the Country;
- New State Statutes/Laws on Non-Competes;
- Proposed New Legislation:
- Federal
- State
SEGMENT 4:
Abraham Skoff, Partner
Moses & Singer LLP
- What it takes to Enforce a Non-Compete
- Context – High Profile Cases/ Enforcement During the Pandemic
- Fairness –
- How to get there
- Culture of Protection of Confidential Information
- Need for Consideration
- Trade Secrets, Unique Employees and Customer Relationships
- Reasonable Restraints Geared to Protect Legitimate Interests
- Why not the Most? Blue lining and redlining
- Social Context Matters
Date & Time:
Wednesday, February 17, 2021
12:00 pm to 2:00 pm (ET)
Who Should Attend:
- Trade Secrets Lawyers
- Corporate Counsel
- Legal and Compliance Executives
- HR Personnel
- Top Level Management
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