Market Areas > Human Resources > Sale Compensation

Restrictive Covenants: Drafting Non-Compete Agreements that Protect Your Organization

Course Description:

When an employee leaves your organization, they also run off with your trade secrets, the training you’ve provided, and your confidential information.  So what can employers do?  

Many employers use restrictive covenants or non-competes to prevent employees from moving to a competitor when they leave their employ. But these can be fraught with legal problems, and are often judged to be unenforceable.

In fact, lawsuits concerning the enforceability of restrictive covenants are on the rise… and several states are introducing legislation to limit the restrictions employers can place on former workers.

That doesn’t mean they’re not worthwhile. Well-designed restrictive covenants can stand up to the legal scrutiny and protect your organization.

So, how can you keep departing workers from taking with them what they know without courting a costly lawsuit?

Course Highlights:

This in-depth audio conference focuses on how to deploy non-competes that are restrictive enough to protect your organization without being overly broad.

In just 75-minutes our seasoned labor and employment law experts will explain the fundamental factors well-drafted non-compete agreements share, including:

• The four criteria courts use to deem a restrictive covenant upholdable
• Types of post-termination restrictions that can be contained in express agreements
• What you need to look out for when reviewing existing restrictive covenants
• State by state guidance to restrictive covenant enforcement
• Hiring from the competition: What employers must do before they hire

By the end of this comprehensive program, you’ll also know more about:

• The validity of restrictive covenants
• What to do when a restrictive covenant is broken: By employee or employer
• If an employee is terminated without cause, can employers enforce a restrictive covenant?
• How do the courts define “undue hardship” on the employee?
• What is the “blue pencil” rule and how does it affect you?

Plus, you’ll hear several case studies of restrictive covenants in the workplace and in the courts.

faculty:

Bradford Newman, Partner, Employment Department, Paul Hastings

Bradford K. Newman is a partner who serves as chair of the Employment Law Department for Paul Hastings in Silicon Valley, leads the firm's International Employee Mobility and Trade Secret practice, is vice chair of the ABA Employment Litigation Subcommittee, and is founder and Editor of the Employee Mobility, Restrictive Covenants and Trade Secrets Chapter in the ABA Business Law Section's National Annual Review. Mr. Newman is consistently selected by peers and colleagues as a leader in the profession.

Over the past several years, he has advised and represented the world’s leading technology, banking, professional services and commerce companies in significant trade secret counseling and litigation (defending and prosecuting) matters and employee mobility disputes.

Kyle B. Reykalin, Associate, Employment Department, Paul Hastings

Kyle Reykalin is an associate in the Employment practice of Paul Hastings. Mr. Reykalin received his J.D. from UC Hastings College of Law (cum laude) in 2009 and received his B.A. from UC Davis (cum laude) in 2005.  Mr. Reykalin represents  employers in wrongful discharge, discrimination, employee noncompete, and trade secret issues. He is the assistant editor of the Employee Mobility, Restrictive Covenants and Trade Secrets Chapter in the ABA Business Law Section's National Annual Review. He is a member of the State Bar of California.

Rachana Shah, Associate, Employment Department, Paul Hastings

Rachana Shah currently practices in the Trade Secrets Litigation group at Paul Hastings.  Before joining Paul Hastings, Rachana clerked for the Hon. John A. Mendez in the U.S. District Court for the Eastern District of California, was a Legal Research and Writing Professor at U.C. Davis School of Law, and prosecuted misdemeanors as a Special Assistant U.S. Attorney.  Rachana is a graduate of Harvard University and Harvard Law School.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

pricing:

Unable to Attend?  Order the CD!
Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

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