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From Bluffs to Big Sticks: Litigating Covenant Not to Compete and Trade Secret Cases

 

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 fastest-growing 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.

Agenda

Faculty

Kenneth P. Carlson, Jr.

Kenneth P. Carlson, Jr.

Constangy Brooks, Smith & Prophete LLP

  • Partner with Constangy, Brooks, Smith & Prophete, LLP in Winston-Salem, North Carolina
  • Practice primarily involves employment law and litigation, trade secret and unfair competition law and litigation, drafting employment and non-competition agreements, FLSA and wage/hour issues, serving as a mediator for cases in those areas of law
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law or alternative dispute resolution; named to North Carolina Lawyers Weekly 2023 “Power List” for employment lawyers
  • Consistently listed in Best Lawyers in America for employment law, trade secret law, or alternative dispute resolution, including various “Lawyer of the Year” designations
  • Certified mediator with an emphasis on mediating employment-related disputes, covenants not to compete and trade secret issues, FLSA and wage/hour issues, and ERISA denial of benefits cases
  • Adjunct professor at Wake Forest University School of Law, including courses on Trade Secrets & Unfair Competition, and Negotiation
  • J.D. degree, Wake Forest University School of Law; M.Div. degree, Yale University; B.A. degree, University of North Carolina at Chapel Hill
  • Can be contacted at [email protected] or 336-721-684

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