September 17, 2021

Volume XI, Number 260

Noncompete and Trade Secret Protection for Midwestern Employers

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.

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 Three Years: The Impact