Protect Your Client's Interests
Non-disclosure, non-solicitation, and non-competition agreements are often favorable for both employers and employees. For employers, these agreements can be invaluable in protecting businesses from competition. Employees, on the other hand, typically benefit from employment or other incentives. However, problems can arise when employers' and employees' interests diverge and contract enforceability gets called into question. Will you be able to fully protect your client both before and after issues appear? This comprehensive program will educate you on every aspect of these agreements - from the law to drafting to enforcement and more. Enhance your knowledge and skills - register today!
- Learn how non-compete, non-solicitation and non-disclosure agreements should and should not be used.
- Walk through key terms and provisions, including duration, scope, permitted uses and more.
- Implement tools and procedures to effectively catch and deal with unauthorized disclosures.
- Find out what you need to do when hiring (or considering) an employee with an existing agreement.
- Get tips for negotiating geographic limits, scope and other critical clauses in your client's favor.
- Anticipate common mistakes that can leave NDAs, non-solicit and non-compete agreements unenforceable.
All times are shown in Eastern time
- COVERING THE LEGAL BASICS: KEY CONCEPTS, DEFINITIONS, GOVERNING LAW
10:00 - 11:00, Julie A. Pace and David A. Selden
- Federal and State Law Overview
- What's a Non-Compete Agreement and When it's Used
- What's a Non-Solicit Agreement and When it's Used
- Confidentiality (of Non-Disclosure) Agreement (or NDA) and Reasons for its Use
- Forms and Structure of the Agreements
- Form vs. Customized
- Broad Scope vs. Specific
- Unilateral vs. Mutual Agreement vs. Reciprocal
- Recent Regulatory Trends
- Whistleblower Protections
- DRAFTING THE NON-COMPETE, NON-SOLICIT AND NON-DISCLOSURE AGREEMENTS: KEY TERMS AND PROVISIONS
11:15 - 12:45, Julie A. Pace and David A. Selden
- Duration of the Agreement
- Outlining the Scope: Restricted Activities, Specific Types of Information Protected by an NDA
- Permitted Uses
- Protecting the Company's IP Rights
- Clarifying to Employee What Data Must be Kept Confidential
- What Constitutes Solicitation of Employees
- Common Exclusions
- Damages Provisions
- Carefully Crafted "Termination" Clauses
- Non-Disparagement Provisions
- Dispute Resolution Provisions
- Social Media Considerations
- PUTTING IN PLACE SYSTEMS AND PROCESSES TO DETECT UNAUTHORIZED DISCLOSURES
1:15 - 1:45, Julie A. Pace and David A. Selden
- HIRING EMPLOYEES WITH AN AGREEMENT: ASSESSING LIABILITIES
1:45 - 2:15, Julie A. Pace and David A. Selden
- NEGOTIATION, RENEGOTIATION, AND TERMINATION OF NDAs
2:15 - 3:00, Julie A. Pace and David A. Selden
- Contesting Geographic Limits
- Contesting the Scope of the Agreement as Too Broad
- Changes in the Terms of the Employment, the Nature of the Job, etc.
- How Termination Clauses Play out in Real Life (Notifying the Other Party of Termination)
- Return of Information
- ENFORCEMENT AND LITIGATION
3:15 - 4:00, Julie A. Pace and David A. Selden
- Common Mistakes that Lead to Unenforceability
- Top Causes and Remedies for Breaches
- Proving/Disproving Breach of Confidentiality
- Best Courses of Action When Pursuing a Client-Poaching Former Employee
- LEGAL ETHICS
4:00 - 5:00, Julie A. Pace and David A. Selden
- Attorney Fees
- Avoiding Conflicts of Interest
- Guarding Confidentiality
This program is designed for attorneys. HR professionals, company executives, accountants and paralegals may also find it useful.