Updating and Enforcing Non-Competes and Trade Secret Agreements for In-House Counsel: Key Strategies to Adopt and Pitfalls to Avoid

Event Description

With the advent of the Defend Trade Secrets Act (“DTSA”) in 2016, the number of organizations choosing to use trade secret law to protect and enforce their intellectual property has risen dramatically. Even a casual observer will recognize that many of the high-profile trade secret misappropriation lawsuits – from the Uber/Waymo lawsuit relating to self-driving car technology to the LG Chem/SK Innovation relating to lithium-ion batteries – involve allegations that the defendant hired away former employees of the plaintiff, and that in so doing, they took the company trade secrets and IP from one firm to the other.

 

Without state-of-the-art protection, two of an organization’s most valuable assets can be put at risk: key customer relationships can be diverted and valuable IP can be electronically “walked” right out the door. As such, In-House Counsel must be fully prepared to protect their organization’s interests by safeguarding crucial business assets, promoting fair employment practices, and managing the transition of employees subject to post-employment restrictive covenants.

 

Join us at 12pm ET on Wednesday, June 29 for the next edition of our IHC Deep Dives Series, as Chris Fontenelli and Richard Reibstein of Locke Lord, will provide key steps and best practices for drafting state-of-the-art non-compete, non-solicitation, and trade secret agreements. Chris and Richard will discuss:

 

– Loyalty agreements and protection of company assets, including whether to include non-competes along with non-solicitations, how best to protect confidential information, and effective ways to ensure the “return” of ESI,

– DTSA provisions – to include or not,

– Sanctions, including legal fees,

– How to get full value when going to court, including seeking the right relief, selecting the right court, negotiating “on consent” a TRO, preliminary injunction, and permanent injunction, and

– Getting your fees paid by the other side at least in part.

 

Attendees will come away from the program with a strong understanding of how to enhance existing restrictive covenant and confidential information and trade secret agreements, minimize breaches, and secure meaningful judicial relief if there’s been a breach – and not only a “half a loaf.”

 

Who Should Attend

This program is designed for in-house counsel who either manage, oversee, or litigate employee litigation, non-compete, or trade secret cases.

 

There is NO COST to attend this program!

This program, including any CLE credit, is FREE thanks to our fantastic sponsor, Locke Lord!

 

CLE Information

This program is pending CLE credit in the following states:  NY, PA, CA, IL, TN, TX, OH, MN and NC.

 

This program is pending CLE credit for self-application by the attorney or for reciprocal CLE credit in the following states: AZ, CT, FL, ME, MT, NJ, & ND. This program is appropriate for newly admitted attorneys and experienced attorneys.

 

Virtual Networking

After Audience Q&A, all are invited to engage in virtual networking (video cameras ON), where you can meet our speaker, share best practices, and network with in-house counsel and legal professionals from across North America!

 

Recording

This event will be recorded and posted within 10 days after the event, along with the presentation slides. Note, the recording is NOT CLE eligible.

 

Wednesday, June 29, 2022 via Live Zoom Video Conference

12:00 pm – 1:30 ET: Live Presentation followed by Audience Q&A

 

Christopher Fontenelli is a litigator whose practice focuses on two distinct but related areas of law — complex commercial litigation and labor and employment. In the area of complex commercial litigation, Chris represents clients in class and collective actions, commercial contractual disputes, and product liability and mass tort actions. In the area of labor of employment law, Chris counsels clients concerning a wide variety of matters, including disputes relating to discrimination, sexual harassment, employment agreements, wage and hour violations, employee misclassification, misappropriation of trade secrets and enforcement of restrictive covenants. Chris has extensive experience in New York and New Jersey state courts and federal courts throughout the country, and understands the nuances of litigating matters in the public eye.

 

Since the inception of his legal career, Chris has provided pro bono services to KIND, a leading organization founded by Angelina Jolie and the Microsoft Corporation dedicated to providing compassionate and quality legal counsel to unaccompanied refugee and immigrant children in the United States. During that time, he has appeared in state and federal court to represent numerous unaccompanied children who enter the U.S. immigration system alone to help advance their best interests, safety and well-being.

 

Richard Reibstein is an experienced labor and employment law practitioner who has advised companies and litigated cases across the country. In the areas of unfair competition, trade secrets, and non-competition agreements, Richard crafts corporate protection plans and negotiates and drafts state-of-the-art non-compete agreements, confidentiality pledges and other types of restrictive covenants. He counsels clients on securing compliance with such agreements by departing employees and their new employers and, conversely, how to lift-out key employees of competitors who have signed these types of agreements.

 

Where necessary, Richard litigates controversies across the country involving non-compete and non-solicitation provisions, trade secret obligations and employees’ fiduciary duty of loyalty. He has obtained a number of temporary restraining orders and preliminary injunctions and secured final relief, including multiple cases with injunctions that restrained a client’s former employees and their new employer from doing business with certain customers, using a prior employer’s trade secrets, and required payment of damages for unfair competition and reimbursement of legal fees and expenses. Richard has also defeated numerous claims brought in court or threatened litigation for alleged use of trade secrets and breach of non-solicitation and non-compete clauses.

Title:
Enforcing Non-Competes And Trade Secret Agreements for In-House Counsel

Time:
Wednesday, June 29, 2022 12:00 PM

Timezone:
America/New_York

Christopher Fontenelli is a litigator whose practice focuses on two distinct but related areas of law — complex commercial litigation and labor and employment. In the area of complex commercial litigation, Chris represents clients in class and collective actions, commercial contractual disputes, and product liability and mass tort actions. In the area of labor of employment law, Chris counsels clients concerning a wide variety of matters, including disputes relating to discrimination, sexual harassment, employment agreements, wage and hour violations, employee misclassification, misappropriation of trade secrets and enforcement of restrictive covenants. Chris has extensive experience in New York and New Jersey state courts and federal courts throughout the country, and understands the nuances of litigating matters in the public eye.

 

Since the inception of his legal career, Chris has provided pro bono services to KIND, a leading organization founded by Angelina Jolie and the Microsoft Corporation dedicated to providing compassionate and quality legal counsel to unaccompanied refugee and immigrant children in the United States. During that time, he has appeared in state and federal court to represent numerous unaccompanied children who enter the U.S. immigration system alone to help advance their best interests, safety and well-being.

 

Richard Reibstein is an experienced labor and employment law practitioner who has advised companies and litigated cases across the country. In the areas of unfair competition, trade secrets, and non-competition agreements, Richard crafts corporate protection plans and negotiates and drafts state-of-the-art non-compete agreements, confidentiality pledges and other types of restrictive covenants. He counsels clients on securing compliance with such agreements by departing employees and their new employers and, conversely, how to lift-out key employees of competitors who have signed these types of agreements.

 

Where necessary, Richard litigates controversies across the country involving non-compete and non-solicitation provisions, trade secret obligations and employees’ fiduciary duty of loyalty. He has obtained a number of temporary restraining orders and preliminary injunctions and secured final relief, including multiple cases with injunctions that restrained a client’s former employees and their new employer from doing business with certain customers, using a prior employer’s trade secrets, and required payment of damages for unfair competition and reimbursement of legal fees and expenses. Richard has also defeated numerous claims brought in court or threatened litigation for alleged use of trade secrets and breach of non-solicitation and non-compete clauses.

Title:
Enforcing Non-Competes And Trade Secret Agreements for In-House Counsel

Time:
Wednesday, June 29, 2022 12:00 PM

Timezone:
America/New_York

Updating and Enforcing Non-Competes and Trade Secret Agreements for In-House Counsel: Key Strategies to Adopt and Pitfalls to Avoid

About the Event

With the advent of the Defend Trade Secrets Act (“DTSA”) in 2016, the number of organizations choosing to use trade secret law to protect and enforce their intellectual property has risen dramatically. Even a casual observer will recognize that many of the high-profile trade secret misappropriation lawsuits – from the Uber/Waymo lawsuit relating to self-driving car technology to the LG Chem/SK Innovation relating to lithium-ion batteries – involve allegations that the defendant hired away former employees of the plaintiff, and that in so doing, they took the company trade secrets and IP from one firm to the other.

 

Without state-of-the-art protection, two of an organization’s most valuable assets can be put at risk: key customer relationships can be diverted and valuable IP can be electronically “walked” right out the door. As such, In-House Counsel must be fully prepared to protect their organization’s interests by safeguarding crucial business assets, promoting fair employment practices, and managing the transition of employees subject to post-employment restrictive covenants.

 

Join us at 12pm ET on Wednesday, June 29 for the next edition of our IHC Deep Dives Series, as Chris Fontenelli and Richard Reibstein of Locke Lord, will provide key steps and best practices for drafting state-of-the-art non-compete, non-solicitation, and trade secret agreements. Chris and Richard will discuss:

 

– Loyalty agreements and protection of company assets, including whether to include non-competes along with non-solicitations, how best to protect confidential information, and effective ways to ensure the “return” of ESI,

– DTSA provisions – to include or not,

– Sanctions, including legal fees,

– How to get full value when going to court, including seeking the right relief, selecting the right court, negotiating “on consent” a TRO, preliminary injunction, and permanent injunction, and

– Getting your fees paid by the other side at least in part.

 

Attendees will come away from the program with a strong understanding of how to enhance existing restrictive covenant and confidential information and trade secret agreements, minimize breaches, and secure meaningful judicial relief if there’s been a breach – and not only a “half a loaf.”

 

Who Should Attend

This program is designed for in-house counsel who either manage, oversee, or litigate employee litigation, non-compete, or trade secret cases.

 

There is NO COST to attend this program!

This program, including any CLE credit, is FREE thanks to our fantastic sponsor, Locke Lord!

 

CLE Information

This program is pending CLE credit in the following states:  NY, PA, CA, IL, TN, TX, OH, MN and NC.

 

This program is pending CLE credit for self-application by the attorney or for reciprocal CLE credit in the following states: AZ, CT, FL, ME, MT, NJ, & ND. This program is appropriate for newly admitted attorneys and experienced attorneys.

 

Virtual Networking

After Audience Q&A, all are invited to engage in virtual networking (video cameras ON), where you can meet our speaker, share best practices, and network with in-house counsel and legal professionals from across North America!

 

Recording

This event will be recorded and posted within 10 days after the event, along with the presentation slides. Note, the recording is NOT CLE eligible.

 

Wednesday, June 29, 2022 via Live Zoom Video Conference

12:00 pm – 1:30 ET: Live Presentation followed by Audience Q&A

 

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