Description
Gain an understanding of covenant not to compete and trade secret cases, as well as litigation strategies for these types of cases.Litigating covenant not to compete and trade secret cases is one of the most challenging and fastestgrowing areas related to employment, unfair competition, and intellectual property law outside of traditional patent, copyright, and trademark concerns. This presentation provides an overview of general and specific principles regarding covenant not to compete and trade secret litigation, with specific emphasis on case analysis and litigation strategies, pleading claims and defenses, TROs and preliminary injunctions, cease and desist letters, discovery and depositions, protective orders and confidentiality concerns, and trials and settlement negotiations. The information will also address various client counseling strategies and provide numerous practical tips regarding typical situations often confronted in this highly nuanced and rapidly developing area of law.
Date: 2023-02-14 Start Time: End Time:
Learning Objectives
Covenants Not to Compete and Trade Secret Overview
• Current State of the Law
• Noncompetition and Nonsolicitation Agreements – Primary Enforcement and Litigation Concerns
• Trade Secret Law – Trade Secret Status and Primary Litigation Concerns
Covenants Not to Compete and Trade Secret Litigation
• Pre-Litigation Analysis and Strategies
• Specific Issues – Noncompetition and Nonsolicitation Agreements
• Specific Issues – Trade Secret Matters
Litigation Process
• Developing a Strategy
• Identifying Claims and Defenses
• Filing and Defending a Lawsuit
• Protective Orders and Confidentiality Concerns
• Discovery and Depositions
• Dispositive Motions and Injunction Hearings
• Trials
Settlements
• Whether and When to Discuss Settlement
• Mediation and Lawyer-To-Lawyer Negotiations
• Litigation Goals vs. Reasonable Compromise
• Drafting the Settlement Agreement
Strategic Outline
• Think First – Act Second
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Kenneth P. Carlson, Jr.-Constangy Brooks, Smith & Prophete LLP
