Annual Review: Noncompete and Trade Secret Protection for Employers - December 2nd, 2022

Summary

Make sure you are keeping up with unprecedented developments across the United States. Experienced Barnes & Thornburg litigators will review what employers need to know about noncompetes and trade secret protection, and how different states approach the issues.

How State Laws Drive Noncompete Strategy

• Why other states' laws are more important than you think

• Is continuing employment sufficient consideration?

• Will the court modify the agreement to make it enforceable?

• State law developments in the last year

Drafting and Administration

• How aggressive should you be in setting restrictions?

• How do you handle the differences between states?

• How do you phase in noncompetes with current employees?

Enforcement Strategy

• Do you have to go after every violation?

• Should you send a cease-and-desist letter first?

• How quickly should you act?

• Everybody wants a TRO: Reasons to win the war at a preliminary injunction hearing instead

Trade Secrets Developments

• The Uniform Trade Secrets Act and differences among states

• Impact of Federal Defend Trade Secrets Act