What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants (Update)

In a short period of time, the legal landscape governing the drafting and enforcement of restrictive covenants (confidentiality, non-compete, and non-solicitation provisions) has changed mightily. This program, presented by Ian Clarke-Fisher of Robinson & Cole and Matthew Miklave of The Law Office of Mathew T. Miklave, gives practitioners and business lawyers an overview of recent developments in the area and practical approaches to protecting valuable company assets. The program will begin by reviewing the fundamental underpinnings of such provisions and pre-requisites for enforcement.  It will then highlight recent case law addressing issues such as forum selection and choice of law provisions, jurisdiction and arbitration and the blue pencil doctrine, and other recently litigated defenses. The program will also include updates on the impact and legal considerations of various state and federal statutes.  It will then provide updates on strategic considerations and recent trends to keep in mind when handling such matters.

This program will benefit corporate attorneys and in-house counsel. 

Learning Objectives:

1. Examine recent case developments in the enforcement of non-compete, non-solicit, and no-poaching agreements, including the availability of certain defenses

2. Analyze strategic opportunities to protect an employer's interests vis-à-vis recently passed state non-compete statutes, federal legislation, and ERISA

3. Understand the implications of procedural provisions commonly found in non-compete agreements, including choice of law, venue, jurisdiction, arbitration, and forum selection clauses. 

4. Consider recent trends and strategic best practices from the employer's perspective