Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee moves on to another opportunity, your business’ intellectual property, trade secrets, and practices walk out the door as well and unless you have the proper protections in place this information could fall into the hands of your competitors. Courts in different jurisdictions take very different approaches to whether and under what circumstances non-compete agreements are enforced. Furthermore, different courts and even some state legislatures have different stances on the operation and enforcement of choice of law provisions that could ultimately influence the outcome of an employment dispute. It is critical that employers carefully draft employment agreements to cover all of these bases to ensure that its trade secrets are protected and the policies maintained in its employment agreement are enforced. This webinar will provide an overview of how restrictive covenants and choice of law provisions are treated throughout the country and how employers can best situate themselves to protect their trade secrets and intellectual property, including drafting techniques and best practices for employers when employees are terminated or otherwise leave the company.
Kara M. Maciel is a founding partner of Conn Maciel Carey and Chair of the firm’s national Labor • Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship.
Ms. Maciel works to create workplace solutions for her clients across all industries. She defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. She advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. Ms. Maciel counsels employers on how to develop lawful strategies to comply with the Affordable Care Act (ACA).
Dan Deacon advises and represents employers on a wide range of employment-related issues, including claims of discrimination and harassment, wage and hour disputes, and compliance with the Americans with Disabilities Act (ADA), the Affordable Care Act (ACA), and the Family Medical Leave Act (FMLA).
Mr. Deacon also counsels and represents employers in a full range of matters regarding the Occupational Safety and Health Act (OSHA). Mr. Deacon assists employers during inspections and investigations conducted by federal and state OSHA programs, responds to notices from OSHA about employee complaints of safety hazards, and represents employers in OSHA litigation, including citation contests and administrative hearings. Mr. Deacon also works with employers to develop and implement effective workplace policies and safety and health programs, and conducts presentations on a variety of workplace safety topics.