Trends and Significant Developments in Non-Competition Agreements and Other Restrictive Covenants

Program Description

Now, more than ever, businesses rely on covenants not to compete to protect their confidential, proprietary information as well as their customer relationships. However, this is an area that is not as predictable as other areas of labor and employment law. Not only is there a lack of uniformity among the states, but some states have yet to address the enforceability of key provisions customarily included in covenants.

The panel of experts will provide practical guidance on drafting, negotiation, and litigation techniques. The panelists will also explore the competing interests of protecting against unfair competition, allowing free competition, and yet enabling employees to earn a living.

Program Faculty

Maureen S. Binetti is a shareholder with the Woodridge, New Jersey, firm of Wilentz, Goldman & Spitzer P.A., which regularly handles employment matters on behalf of both employees and employers. Ms. Binetti chairs the firm’s Employment Law Team. Certified by the New Jersey Supreme Court as a civil trial attorney, Ms. Binetti has extensive experience in all aspects of employment law, namely in the litigation of sexual harassment, sex, age, race, and disability discrimination. She also handles matters regarding wrongful discharge, whistleblowers, and restrictive covenant claims in both state and federal courts.

Eric A. Tate is a partner in the Litigation Department of Morrison & Foerster’s San Francisco office. He counsels employers in all aspects of employment and labor law, including the resolution of disputes involving claims of employment discrimination, harassment, and wrongful termination. Mr. Tate also specializes in wage and hour litigation, trade secrets, employee raiding, and unfair competition disputes.

Michael D. Wexler is a partner in the Chicago office of Seyfarth Shaw LLP and is the national chair of the firm’s Corporate Espionage, Trade Secrets, and Unfair Competition Group. His practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, corporate espionage, unfair competition, complex commercial disputes, intellectual property infringement, and white collar criminal defense in U.S. federal and state courts.

CLE Credit*

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for mandatory CLE credit:
AL, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH