Drafting Restrictive Covenants to Protect Trade Secrets, Confidential Information, & Business Relationships

This program, presented by Leigh Ann Buziak and Kevin Passerini of Blank Rome, will provide a general background of state and federal law on restrictive covenants, including confidentiality, non-competition, non-solicitation, and non-interference provisions, before diving into specific drafting tips that will make your restrictive covenants more likely to be enforced in court. The faculty will present tips to ensure that restrictions are enforceable under state and federal law, with updates on changing state law and pandemic business trends. The course will also review how to use forum, choice-of-law, assignment, no defense, and other "miscellaneous" provisions that can help protect legitimate business interests.

This program will benefit transactional lawyers, in-house counsel, and litigators.

Learning Objectives:

1. Analyze recent statutory developments and legislative efforts affecting the enforceability of non-competes and other types of restrictive covenants at the state and federal level
2. Provide drafting tips and tricks to ensure that restrictions are enforceable in litigation
3. Assess business strategies and developments in the pandemic affecting the enforcement of non-competes and other restrictive covenants
4. Discuss trends that inform the best types of miscellaneous provisions for use in litigation and protection of business interests