American Law Institute CLE: Cutting-Edge Developments in Non-Competes and Trade Secrets for 2016: Protecting Vital Competitive Advantages

Baker Botts Partner Jennifer M. Trulock will speak at the American Law Institute CLE: Cutting-Edge Developments in Non-Competes and Trade Secrets for 2016: Protecting Vital Competitive Advantages on Tuesday, February 23, 2016.

Why You Should Attend

Protecting trade secrets and having enforceable restrictive covenants in place are vital for businesses to protect competitive advantages in an environment of changing laws and evolving technology. Cutting-edge issues involve new non-compete laws, sophisticated hacking and data security breaches, the impact of social media and the "dark web" on restrictive covenants, employees who work remotely and businesses operating in the global economy. There are emerging issues involving Cloud technology, wearable technology, and monitoring software and personally-owned electronic devices.

All of these new developments have dramatically increased the difficulty for employers, employees and their attorneys when drafting, negotiating, enforcing, and living with non-compete, non-solicit, non-disclosure, and other restrictive covenants.

What You Will Learn

Discussion topics will include:

  • non-competes and data theft
  • update on federal and state legislation impacting non-compete and trade secret litigation.
  • tailoring covenants to different levels, types and classifications of employee
  • trends in sufficiency of consideration, including whether continued employment is adequate
  • perils of sending a cease and desist letter to departing employee who has defected to new employer-competitor
  • non-competes in mergers and acquisitions, including how courts handle assignment of non-compete obligations
  • update on common law claims for breach of fiduciary duty, civil conspiracy, conversion, tortious interference, and similar alternatives to restrictive covenants
  • tips for drafting non-compete and related agreements to address future developments

Questions submitted during the program will be answered live by the faculty. In addition, all registrants will receive a set of downloadable course materials and free access to the archived online program.

Who Should Attend

This American Law Institute CLE will provide attorneys who practice business, employment, corporate, and intellectual property with valuable information and tools regarding enforceable restrictive covenants in today’s environment.

Program Schedule

All Times Eastern

  • 12:30 p.m. Program Begins.
  • 2:00 p.m. Program Ends.
  • Total 60-minute hours of instruction: 1.5; Total 50-minute hours of instruction: 1.8
  • Suggested Prerequisite: 2 or more years experience in subject matter.
  • Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner.
  • Level of Instruction: Intermediate

Click here for MCLE Credit Information.


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