7-Hour Program

See Credit Details Below

Overview

Noncompetes and Restrictive Covenants 2021: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know

Why You Should Attend

Don’t miss your chance to attend this unique full-day program, offering an in-depth look at noncompete laws nationally!

One of your client’s key employees just left to go to a competitor in violation of a noncompete. Or your client is that competitor and has just received a cease and desist letter demanding that it terminate the employee. Or your client is that employee. What do you do?

Noncompete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests. But, noncompete laws vary state by state, ranging from bans in California, Oklahoma, and North Dakota, to strong, pro-enforcement policies in Florida. And, while public opinion, evolving state legislation, emerging federal regulation, and trends in judicial review and enforcement are moving toward greater restrictions on the use of these agreements, the risks posed by employees who are not subject to restrictive covenants is increasing.

Understanding the changing landscape and its complications and implications is nothing short of critical – particularly for companies engaged in business across state lines.

Bringing together experts and thought leaders from around the country, the program starts with a level-setting of basic noncompete law, and then delves into nuanced and advanced issues from the perspectives of the employee, the former employer, and the new employer.

What You Will Learn

  • Understand the basics of noncompete agreements
  • Discover how to use state of the art computer forensics to bolster your case for enforcement, and what it means for the defense
  • Find out advanced practices for seeking and defending against temporary restraining orders, preliminary injunctions, and related preliminary orders
  • Learn what the protectable business interest are and how to protect them, particularly with a remote workforce and during employee departures and on-boarding
  • Get the latest legislative developments regarding noncompete agreements and best practices from practitioners
  • Gain insight into the practical aspects of enforcing noncompetes
  • Learn how to spot and avoid the ethical traps common in restrictive covenants matters

Special Features 

  • Learn how to avoid potential ethical traps for the unwary in noncompete disputes, and earn up to 1 hour of Ethics credit
  • Transitional credit available; satisfy your Professional Skills credit requirements

Who Should Attend

PLI’s Noncompetes and Restrictive Covenants 2021 is designed to help those responsible for assisting clients in drafting, negotiating, enforcing, and defending against noncompetes and other restrictive covenants. It will benefit in-house counsel, business and trade secrets litigation counsel, employment lawyers, human resources professionals, and other allied key strategic personnel.

 

Program Level: Overview.

Intended Audience: PLI’s Noncompetes and Restrictive Covenants 2021 is designed to help those responsible for assisting clients in drafting, negotiating, enforcing, and defending against noncompetes and other restrictive covenants. It will benefit in-house counsel, business and trade secrets litigation counsel, employment lawyers, human resources professionals, and other allied key strategic personnel.

Prerequisites: A fundamental understanding of noncompete agreements and similar restrictive covenants and the law.

Advanced Preparation: None.



Lecture Topics [Total time 00:07:15]

Segments with an asterisk (*) are available only with the purchase of the entire program.


  • Opening Remarks* [00:06:53]
    Russell Beck
  • Level-Setting: A Crash Course in Noncompetes and Other Restrictive Covenants, From Soup to Nuts [01:07:24]
    Russell Beck, Hannah T. Joseph, John F. Marsh
  • Protecting Your Business During the "New Normal" and With Noncompetes Under Seige [01:02:34]
    Daniel A. Lev, Danielle Sheer, Wendy T. Wu, Kenneth N. Winkler
  • Practical Tips For Drafting Noncompete Agreements and Related Restrictive Covenants [01:01:46]
    Daniel J. Moynihan, David S. Sanders, Cathi J. Hunt, Bambo Obaro
  • Managing a Key Employee Departure to Avoid the Loss of Trade Secrets, Customers, and Colleagues [01:03:49]
    James P. Flynn, Shannon Lawless, James D. Vaughn, Julie McCarthy
  • Managing the Hiring and Onboarding of a Restricted Employee [00:57:44]
    Katherine E. Perrelli, Ashley Marsh Pertsemlidis, Robert F. Beckmann, Stacey N. Schmidt, Sue A. Melnick
  • Litigating Restrictive Covenant Cases After the Preliminary Injunction [01:00:34]
    Victoria A. Cundiff, Michael R. Greco, Eric Ostroff, Danielle Y. Vanderzanden
  • Ethical Issues in Noncompete Matters: Fulfilling Obligations to Clients and the Court While Avoiding Traps for the Unwary [01:01:43]
    Astor Heaven, Jennifer A. Kenedy

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • Complete Course Handbook
  • Russell Beck, Hannah Joseph and Erika Hahn, Beck Reed Riden LLP, 50 States of Noncompete Laws, D.C., and Maybe a Federal Ban (June 16, 2021)
    Russell Beck,Hannah T. Joseph
  • Is Strict Enforcement of Non-Competes Good Policy?
    Benjamin I. Fink
  • Non-Compete Agreement, Drafting Philosophy and Principles—Form Language (Annotated)
    David S. Sanders
  • “…that we have seen better days”: Managing a Key Employee Departure to Avoid the Loss of Trade Secrets, Customers, and Colleagues
    James D. Vaughn,James P. Flynn,Shannon Lawless,Sue A. Melnick
  • Managing the Hiring and Onboarding of a Restricted Employee
    Julie McCarthy,Ashley Marsh Pertsemlidis,Katherine E. Perrelli
  • What to Do after the Injunction Hearing? (June 16, 2021)
    Victoria A. Cundiff,Danielle Y. Vanderzanden,Michael R. Greco,Eric Ostroff
  • Ethical Issues in Noncompete Matters: Fulfilling Obligations to Clients and the Court While Avoiding Traps for the Unwary (June 2021)
    Astor Heaven
  • Navigating the Ethical Potholes on the Road to a Trade Secret Trial (June 15, 2021)
    Jennifer A. Kenedy

Presentation Material


  • Level-Setting: A Crash Course in Noncompetes and Other Restrictive Covenants, From Soup to Nuts
    Russell Beck, Hannah T. Joseph, John F. Marsh
  • Practical Tips For Drafting Noncompete Agreements and Related Restrictive Covenants
    David S. Sanders
  • Managing a Key Employee Departure to Avoid the Loss of Trade Secrets, Customers, and Colleagues
    James P. Flynn, Shannon Lawless, Julie McCarthy, James D. Vaughn
  • Ethical Issues in Noncompete Matters: Fulfilling Obligations to Clients and the Court While Avoiding Traps for the Unwary
    Astor Heaven, Jennifer A. Kenedy
 Don’t miss your chance to attend this unique full-day program, offering an in-depth look at noncompete laws nationally!

One of your client’s key employees just left to go to a competitor in violation of a noncompete. Or your client is that competitor and has just received a cease and desist letter demanding that it terminate the employee. Or your client is that employee. What do you do?

Noncompete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests. But, noncompete laws vary state by state, ranging from bans in California, Oklahoma, and North Dakota, to strong, pro-enforcement policies in Florida. And, while public opinion, evolving state legislation, emerging federal regulation, and trends in judicial review and enforcement are moving toward greater restrictions on the use of these agreements, the risks posed by employees who are not subject to restrictive covenants is increasing.

Understanding the changing landscape and its complications and implications is nothing short of critical – particularly for companies engaged in business across state lines.

Bringing together experts and thought leaders from around the country, the program starts with a level-setting of basic noncompete law, and then delves into nuanced and advanced issues from the perspectives of the employee, the former employer, and the new employer.

What You Will Learn

  • Understand the basics of noncompete agreements
  • Discover how to use state of the art computer forensics to bolster your case for enforcement, and what it means for the defense
  • Find out advanced practices for seeking and defending against temporary restraining orders, preliminary injunctions, and related preliminary orders
  • Learn what the protectable business interest are and how to protect them, particularly with a remote workforce and during employee departures and on-boarding
  • Get the latest legislative developments regarding noncompete agreements and best practices from practitioners
  • Gain insight into the practical aspects of enforcing noncompetes
  • Learn how to spot and avoid the ethical traps common in restrictive covenants matters

Special Features 

  • Learn how to avoid potential ethical traps for the unwary in noncompete disputes, and earn up to 1 hour of Ethics credit
  • Transitional credit available; satisfy your Professional Skills credit requirements

Program Level: Overview.

Intended Audience: PLI’s Noncompetes and Restrictive Covenants 2021 is designed to help those responsible for assisting clients in drafting, negotiating, enforcing, and defending against noncompetes and other restrictive covenants. It will benefit in-house counsel, business and trade secrets litigation counsel, employment lawyers, human resources professionals, and other allied key strategic personnel.

Prerequisites: A fundamental understanding of noncompete agreements and similar restrictive covenants and the law.

Advanced Preparation: None.

Credit Details