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This program was recorded on March 19, 2019
When employers use non-competition agreements, they typically enter into them when employer and employee are embarking on what they believe will be a mutually rewarding relationship. It is when the employee becomes an ex-employee, however, that the scope and enforceability of the non-compete receives intense scrutiny. This presentation will address the unique nature of non-competes in which their enforceability and applicability are impacted by post-contracting events. We’ll discuss issues that arise in the drafting stage, the importance of post-termination negotiations, and strategic approaches to litigation. Finally, we’ll discuss the value of creative approaches to settlement.
Chris represents businesses, entrepreneurs and lawyers in commercial litigation. He has achieved multi-million dollar results for several of his commercial clients and has successfully defended clients against claims of breach of fiduciary duty, fraud, and breach of contract. Chris’ work in the law governing lawyers includes malpractice and disciplinary matters, as well as law firm dissolutions and other issues of professional responsibility. Chris’ work in the area of land use and real estate litigation includes partnership disputes, and defending and prosecuting cases alleging breach of contract and fraud, as well as handling mechanics lien litigation and land use matters before local governments.
2 General Credits
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- The requirement that the restrictions be “reasonable,” and the impact of post-contracting events on that issue.
- The courts’ willingness to “blue pencil” an overly broad restriction.
- The requirement that the restrictive covenant be necessary to protect a legitimate business interest.
- The relevance of the impact on the employee’s ability to obtain work in their field.
- The question of “consideration” sufficient to support a contract.
- Steps employees should (and should not) take when leaving.
- Steps an employer should take when hiring someone who has a non-compete with their former employer.
- Steps employers can take when it believes the ex-employee is violating the non-compete.
- Strategies for avoiding litigation.
- The cease and desist letter.
- Whether the employer’s breach of the employment agreement vitiates the non-compete.
- Considerations when filing a TRO.
- Issues for settlement.