Protecting Your Company’s and Your Clients’ Rights with Restrictive Covenants, Non-Disclosure Agreements, Non-Competes, No-Solicitation and Confidentiality Agreements
OVERVIEW
This
webinar will introduce you to the procedures to protect confidential information, and through examples and recent case law explain how the clauses
should be written, how they can best be enforced, and what are the legal
pitfalls of misuse.
Regarding the pitfalls of restrictive covenant
agreement, consider the following:
Can
you go to jail for engaging in a casual conversation at a trade show? This may
sound absurd. But suppose that conversation is with an acquaintance at a
company that competes with you for HR talent? Over drinks the two of you agree
not to poach one another’s key employees. You may have opened yourself up for
criminal, as well as civil, liability under U.S. anti-trust laws. That’s
precisely what the DOJ is threatening. Uncle Sam and many state governments are
turning hostile toward non-compete restraints on employees and independent
contractors.
Confidentiality
agreements in settlements of employee claims are under assault. And, worst of
all, “no poaching” promises between companies, even if in completely different
businesses, are being targeted for criminal anti-trust liability.
WHY
SHOULD YOU ATTEND
On
the plus side, in our IT age ---- when an employee can walk out the workplace
door with your most valuable proprietary information and trade secretes on a
flash drive in her/his pocket and walk across the street to your biggest
competitor --- these provisions are crucial shields. But to be effective they
need to be properly drafted and appropriately negotiated.
Whether
placed in an employment contract or an employee handbook, they must be
reasonable and supported by suitable consideration. A movement is afoot at both
the federal level and in many states to restrict, or outright outlaw,
restrictive covenants in employment contracts. Federal and state governments
are sowing mind fields that you need to navigate to use these valuable tools
and procedures to protect confidential information.
AREAS
COVERED
- How
to protect your business from competitors and how to hold onto key
employees within the letter of the law
- Which
employee non compete agreement the courts will enforce and what
consideration you have to provide the job applicant or current employee in
return
- How
to draft a confidentiality clause that covers all your proprietary
information
- How
to prepare for the inevitable data theft and how to respond in the crucial
first 48 hours after it happens
- Remedies
for misappropriation of IP and employee raiding
LEARNING
OBJECTIVES
Employers
have available a broad spectrum of covenants and clauses tailor-made to protect
the organization’s intellectual property, proprietary information, and valuable
human resources from misappropriation by current employees. This tool-bag
includes, restrictive covenant agreement, non-disclosure agreements (NDAs), employee
non compete agreement, no-solicitation provisos, and confidentiality clauses.
Knowing
when and how to use each of these tools effectively --- and legally --- is a
critical skill set in our IT age.
WHO
WILL BENEFIT
- In-House
Counsel
- Human
Resources
- Labor
Relations
- Affirmative
Action Officers
- Contract
Administrators
SPEAKER
Jim
Castagnera holds an M.A. in Journalism from Kent State University, and a J.D.
and Ph.D. (American Studies) from Case Western Reserve University. He
practiced law for 36 years, before retiring in June 2019: 10 years as a labor,
employment and intellectual-property attorney with Saul Ewing Arnstein &
Lehr; 3 years as general counsel for Wharton Econometric Forecasting
Associates; 23 years as associate provost & legal counsel for academic
affairs at Rider University.
Use Promo Code XMSNY19 and get flat 20% discount on all purchases.
To Register (or) for more
details please click on this below link:
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