Non-Competes, Trade Secrets, Departing Employees and Raiding:  Key Tip
On Demand

Non-Competes, Trade Secrets, Departing Employees and Raiding: Key Tips for In-House Counsel to Protect Your Company's Interests


Practice Areas:
Employment & Labor Law |  Intellectual Property Law |  Litigation
Faculty:
Terry J. Smith |  Linda Stevens |  Robert Duda
Course Levels:
Intermediate
Duration:
1 hour
Format:
Audio and Video
Original Program Date :
Jun 27, 2018


Course Description


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Course Description

This course is designed to assist in-house legal counsel in responding to the ever-growing concern of key employees departing to join a competitor and addressing the risks of such employees taking valuable confidential information and long-standing customer relationships with them.

The course will highlight the key steps employers should take upon learning of the departure of such employees and best practices for conducting an internal investigation to determine whether there is any misconduct by the departing employee or departing group.   

The course will provide an overview of the various applicable laws and claims under which employers can protect their interests from departing employees who seek to unlawfully compete. 

Employers will learn about what constitutes a trade secret and various avenues and options for protecting a company’s trade secrets and the course will explore contractual options for protecting confidential information as well as key customer and employee relationships and discuss key trends employers are facing in the enforcement of non-compete agreements, confidentiality agreements or NDA’s, non-solicitation of customer restrictions, and non-solicitation of employee provisions.

Lastly, the course will explore other common law claims and strategies for addressing situations where departing employees have breached their fiduciary duty to the employer or where the employer finds that they are being targeted by a competitor and their workforce is being raided. 

Course Learning Objectives:

At the end of this session/webinar, participants will be able to:

  • Respond to the departure of an employee who joins a competitor
  • Conduct a proper investigation following an employee departure and identify relevant conduct that may indicate improper competition by the employee
  • Identify what internal company information may be protectable as a trade secret
  • Have a better understanding of the various laws and options of employers who find themselves dealing with a departing employee who has taken the employer’s valuable information or property to a competitor
  • Better understand the objectives and available strategies in pursuing litigation against a departing employee or competitor
  • Consider the pros and cons of using contractual restrictions with its workforce such as non-compete agreements, confidentiality agreements or NDA’s, non-solicitation of customer restrictions, and non-solicitation of employee provisions
  • Spot warning signs of departing employees engaging in misconduct prior to departure in breach of their duty of loyalty owed to the employer
  • Respond to possible raiding and systematic pirating attempts by competitors 

Topics and Agenda

Topic 1 - Investigation and Response when an Employee Departs to a Competitor
Topic 2 - What is a Trade Secret and Laws Governing Trade Secrets
Topic 3 - Avenues for Enforcement of Trade Secrets
Topic 4 - Trade Secret Litigation Strategies
Topic 5 - Key Trends in Use and Enforcement of Non-Competes and other Restrictive Covenants
Topic 6 - Combating Breach of Fiduciary Duty and Employee Raiding

CLE Credits

Mandatory CLE Credit

This program may be eligible for a total of 1 CLE credit(s) in a 60 minute state of which 0  are Ethics credits.

This program may be eligible for a total of 1.2 CLE credit(s) in a 50 minute state of which 0  are Ethics credits.

 

STATES THAT MCLE CREDIT HAS BEEN APPROVED 


California

This course has been approved for 1 MCLE General Credit(s) in California of which 0 are Legal Ethics,

0

are Elimination of Bias in the Legal Profession,

0

are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


Illinois

This course has been approved for 1 MCLE General Credit(s) in Illinois of which 0 credit(s) qualifies for Professional Responsibility credit.


Ohio

This course has been approved for 1 CLE Credit(s) in Ohio of which 0 credit(s) qualifies for Ethics credit.


Pennsylvania

Select Counsel is an approved provider in the State of Pennsylvania. This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 0 credit(s) qualifies for Ethics credit.


Texas

This course has been approved for 1 MCLE Credit(s) in Texas of which 0 credit(s) qualifies for Ethics credit.


Washington

This course has been approved for 1 CLE Credit(s) in Washington of which 0 credit(s) qualifies for Ethics credit.


Other MCLE Jurisdictions

Reciprocal States: The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

Self Reporting States: States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.


Course Materials

Faculty

Terry J. Smith Related seminars and products: 1

Partner

Smith O'Callaghan & White


Founding partner of boutique labor and employment firm Smith O’Callaghan & White. Representation of employers in the full spectrum of employment litigation in federal and state courts, including extensive experience in cases involving non-competes, theft of confidential information, employee pirating, breach of fiduciary duty and trade secrets, as well as employment discrimination, sexual harassment, whistle-blowing and wrongful discharge. As a big firm partner and in my boutique firm, I've represented some of the largest and most successful corporations in the country on their sensitive labor and employment matters.

PRACTICE AREAS: Labor and Employment Law

PRIOR ROLES/EXPERIENCE: Schiff Hardin (partner)

LAW SCHOOL: Cornell University

LOCATION: Chicago, IL


Linda Stevens Related seminars and products: 1

Smith O'Callaghan & White


I am a trial lawyer and counselor with a national practice based in Chicago. I have more than 30 years’ experience in resolving – both inside and outside of the courtroom – intellectual property and other commercial disputes. I have experience with emergency injunction hearings, dispositive motions, international arbitration, mediation, and trying cases to both bench and jury. 

In addition to my courtroom and other dispute resolution work, I have acted as general outside counsel, assisting intellectual property-focused businesses with a wide array of business issues. This general corporate experience gives me a broader and more holistic view how litigation fits (or doesn't fit) into a client's business and strategy. I know that most clients view litigation as a last resort, a tool to be used only after other, more strategic and cost-effective dispute resolution methods have been explored. But when litigation is necessary, clients want quick and effective action.

PRACTICE AREAS: Employment and Intellectual Property Litigation

PRIOR ROLES/EXPERIENCE: Schiff Hardin (partner)

LAW SCHOOL:  University of Michigan

LOCATION: Chicago, IL


Robert Duda Related seminars and products: 1

Smith O'Callaghan & White


Robert R. Duda Jr. is a partner at Smith O'Callaghan & White, a boutique labor and employment law firm in downtown Chicago. Bob represents employers in federal and state courts in employment-related litigation. He has been selected by his peers and recognized as a Rising Star in Labor and Employment Law by Illinois Super Lawyers from 2011-14. 

Bob has extensive experience handling complex departing employee litigation, including misappropriation of trade secrets, breach of employment contracts, breach of fiduciary duty, enforcement of non-compete and non-solicitation agreements, interference with customer relationships, employment-related torts and misconduct, workplace defamation, and unfair competition. He frequently counsels employers to protect their interests through the use and enforcement of restrictive covenants and by responding to employee raiding and pirating attempts.

PRACTICE AREAS: Labor & Employment Law

PRIOR ROLES/EXPERIENCE: Faegre Baker Daniels LLP

LAW SCHOOL: DePaul University College of Law

LOCATION: Chicago, IL


MCLE Information

MCLE Information for Live Webinar, Webcast
& Video replay with Live Q&A

General Information

Please note that Select Counsel delivers multiple live webinars, webcasts and video replays with live Q & A. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for it’s live webinars, webcasts and video replays with live question and answer in the following states:

  • California
  • Illinois
  • Ohio
  • Pennsylvania
  • Texas
  • Virginia
  • Washington

Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GA, GU, HI, IN, IA, ID, KS, KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VT, WI, WV and WY. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation. Please see details below.

Course Approval Reciprocity

Select Counsel has applied for course approval in CA, IL, OH, PA, TX, VA and WA.The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.

Self-Reporting/Accreditation States

Select Counsel has submitted applications for course approval in CA, IL, OH, PA, TX, VA and WA. Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at www.clereg.org

Certificates of Attendance and Tracking

For each webinar, webcast or video replay with live Q&A, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.

Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  

State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, PA, TX, VA and WA,.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to www.clereg.org

MCLE Information for On-Demand

MCLE Information for On-Demand Seminars

General Information

Please note that Select Counsel delivers multiple on-demand courses. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for most of it's on-demand seminars the following states:

  • Georgia
  • Illinois
  • Ohio
  • Texas
  • Washington

Select Counsel is an approved accredited provider for in the states of California and Pennsylvania.  CLE credit is available for all Select Counsel courses. 

Please refer to the CLE credit tab to determine which states are approved and those that are pending.


Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GU, HI, IN, IA, ID,  KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VA, VT, WI, WV and WY.  However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation.  Please see details below.


Course Approval Reciprocity

The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions are listed below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.


Self-Reporting/Accreditation States

Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia (for some select counsel programs, see the CLE Credit tab for additional information)
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer).

 

Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at www.clereg.org


Certificates of Attendance and Tracking

For each on-demand seminar, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.

 

Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  

 

State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, TX, and WA and is an accredited provider in PA.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to www.clereg.org

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