Negotiating Enforceable Noncompetition and Nonsolicitation Agreements: Compliance With State Statutes and Case Law

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, November 30, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss current legislative and case law trends regarding noncompetition and nonsolicitation agreements, offer best practices for structuring enforceable contracts, and explain determining whether existing agreements are lawful.
Faculty

Mr. Bindra focuses his practice on employment and executive agreements, noncompete, non-solicit and trade secret disputes, business consulting, executive career counseling, appeals, whistleblower claims, employment arbitration agreements, unpaid wages, and employment discrimination. He has extensive experience working with executives physicians, and corporations. Mr. Bindra was also one of the lead architects and drafters of an amendment to the Illinois Freedom to Work Act that significantly reformed how noncompete and non-solicit agreements are litigated in the state of Illinois. He testified in support of the law and helped bring together a bipartisan coalition of support. As a result, the amendment passed with unanimous support in the Illinois legislature in 2021.

Mr. Milligan Co-Chairs the firm's Trade Secrets, Computer Fraud & Noncompetes Practice Group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other IP theft, franchise litigation, and other business torts. His practice focuses on trade secret, noncompete and data protection litigation and transactional work on a state, national and international platform. Mr. Milligan serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.

Ms. Warner guides clients through a wide range of employment law and human resources issues they face while doing business. She helps her clients avoid liability by consulting on disciplinary processes, termination of employees, and day-to-day human resources matters and by drafting employment agreements, separation agreements, confidentiality, restrictive covenant agreements, and employment policies. In a legal environment that often favors the employee, she has the experience, both in and out of court, to craft enforceable employee non-compete agreements, safeguarding your company’s interests and trade secrets when employees leave to start potentially competive businesses in the same space.
Description
Companies often require employees to sign restrictive covenant agreements that include noncompetition, nonsolicitation, and confidentiality clauses. A noncompete prohibits a former employee from working for a competitor, while a nonsolicit typically prohibits a former employee from soliciting customers and employees.
State laws differ widely regarding restrictive covenants. Some states, like California, will generally not enforce a noncompete agreement. Other states, like Illinois, may apply a restrictive covenant if the employer provided adequate consideration to the employee for the covenant. The covenant is necessary to protect a company's legitimate business interests.
Noncompetition and nonsolicitation agreements can be crucial to a company's bottom line, but drafting and enforcing those pacts is tricky. Counsel must know the legal standards that vary state by state and stay abreast of rulings and legislative changes that may happen without much fanfare.
Listen as our distinguished panel discusses the recent legislative changes and case law trends relating to restrictive covenants and guides employment counsel regarding best practices for structuring permissible agreements and analyzing whether existing agreements are lawful.
Outline
- Overview of recent legislation and case law decisions impacting restrictive covenants
- Analysis of trends in restrictive covenants from state to state
- Discussion of how to analyze existing restrictive covenants
- Best practices for employers and employment counsel in structuring new agreements to ensure compliance with recent changes
Benefits
The panel will review these and other relevant topics:
- What are the recent legislative changes impacting restrictive covenants?
- What are the current case law decisions affecting noncompete and nonsolicitation agreements?
- How can employers structure restrictive covenants to comply with new laws and decisions?
- How can employment counsel analyze existing agreements for compliance?
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