January 27, 2021

Volume XI, Number 27

Annual Review: Noncompete and Trade Secret Protection for Employers [WEBINAR]

Make sure your program is keeping up with developments across the United States. Attorneys from Barnes & Thornburg will review what employers need to know about noncompetes and trade secret protection, and how different states approach the issues. They will discuss:


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 statutory and judicial 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 on trade secret issues
  • The Uniform Trade Secrets Act and differences among states
  • Federal Defend Trade Secrets Act after four years and its Impact