Non-Competes, Trade Secrets, Departing Employees and Raiding: Key Tips for In-House Counsel

Presenters:

Terry Smith Smith O'Callaghan & White, Partner

Linda Stevens Smith O'Callaghan & White, Partner

Robert Duda Jr. Smith O'Callaghan & White, Partner

Categories:

Employment

Trade Secrets

Employee Mobility

Program Level: Intermediate

Duration: 62 minutes

Delivery Date: June 27, 2018

Release Date: May 27, 2019

Program Description

This course is designed to assist in-house legal counsel in responding to the ever-growing concern of key employees departing to join a competitor and addressing the risks of such employees taking valuable confidential information and long-standing customer relationships with them.

The course will highlight the key steps employers should take upon learning of the departure of such employees and best practices for conducting an internal investigation to determine whether there is any misconduct by the departing employee or departing group.

The course will provide an overview of the various applicable laws and claims under which employers can protect their interests from departing employees who seek to unlawfully compete.

Employers will learn about what constitutes a trade secret and various avenues and options for protecting a company’s trade secrets and the course will explore contractual options for protecting confidential information as well as key customer and employee relationships and discuss key trends employers are facing in the enforcement of non-compete agreements, confidentiality agreements or NDA’s, non-solicitation of customer restrictions, and non-solicitation of employee provisions.

Lastly, the course will explore other common law claims and strategies for addressing situations where departing employees have breached their fiduciary duty to the employer or where the employer finds that they are being targeted by a competitor and their workforce is being raided.

Learning Objectives

At the end of this program, participants will be able to:

  • – Respond to the departure of an employee who joins a competitor
  • – Conduct a proper investigation following an employee departure and identify relevant conduct that may indicate improper competition by the employee
  • – Identify what internal company information may be protectable as a trade secret
  • – Have a better understanding of the various laws and options of employers who find themselves dealing with a departing employee who has taken the employer’s valuable information or property to a competitor
  • – Better understand the objectives and available strategies in pursuing litigation against a departing employee or competitor
  • – Consider the pros and cons of using contractual restrictions with its workforce such as non-compete agreements, confidentiality agreements or NDA’s, non-solicitation of customer restrictions, and non-solicitation of employee provisions
  • – Spot warning signs of departing employees engaging in misconduct prior to departure in breach of their duty of loyalty owed to the employer
  • – Respond to possible raiding and systematic pirating attempts by competitors
Agenda

Topic 1 – Investigation and Response when an Employee Departs to a Competitor
Topic 2 – What is a Trade Secret and Laws Governing Trade Secrets
Topic 3 – Avenues for Enforcement of Trade Secrets
Topic 4 – Trade Secret Litigation Strategies
Topic 5 – Key Trends in Use and Enforcement of Non-Competes and other Restrictive Covenants
Topic 6 – Combating Breach of Fiduciary Duty and Employee Raiding

 

CLE Info

This program is currently available for general credit in the following states:

Alabama
Alaska
Arizona
California
Colorado
Connecticut
Georgia
Hawaii*
Illinois
Indiana
Minnesota
Mississippi
Missouri
Nevada
New Hampshire
New Jersey*
New York
North Carolina
North Dakota
Oregon
Pennsylvania
Tennessee

Vermont
Washington
West Virginia
Wisconsin

In addition, we have applied for credit in Texas and Ohio and will promptly update the list above as the program is approved in each such state.

*In Hawaii and New Jersey, we rely on their reciprocity policies pursuant to which our programs are deemed accredited once they are approved in the various reciprocity states where we apply such as California, Illinois, New York, Pennsylvania and Texas.

For information on attendance reporting, please refer to the CLE Info page.

Presenters:

Terry Smith
Partner, Smith O'Callaghan & White

Linda Stevens
Partner, Smith O'Callaghan & White

Robert Duda Jr.
Partner, Smith O'Callaghan & White

Categories:

Employment

Trade Secrets

Employee Mobility

Program Level: Intermediate

Duration: 62 minutes

Delivery Date: June 27, 2018

Release Date: May 27, 2019