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Live Webinar

90-minute live streaming program
  • April 25
  • 1:00 - 2:30 pm EST

Legal Risks of Hiring Competitors Employees

April 25

Know your rights when hiring competitor’s employees and avoid legal pitfalls.

With today’s fluid labor market, many employers are faced with the challenges and risks associated with hiring a competitor’s employee, particularly with respect to candidates who pose a high competitive threat and/or had access to confidential information. You will learn how restrictive covenants and non-disclosure agreements may impact hiring decisions, including possible challenges to their enforceability, best practices during the hiring process, the offer stage, and the commencement of employment to insulate the company from liability to the maximum extent possible. Should litigation erupt after hiring a competitor’s employee, you will learn about the most prevalent claims against former employees and their new employers, the most common and most effective defenses to those claims, and the possible counterclaims that may turn the tide of litigation in an employer’s favor. This topic will help employers understand the legal and practical risks associated with hiring a competitor’s employee, minimize those risks, utilize knowledge gained to effectively resolve issues short of litigation, and zealously defend any litigation that may ensue despite the employer’s best efforts.

Learning Objectives

  • You will be able to recognize the contours of nonsolicitation and non-compete agreements and the limits to their enforceability.
  • You will be able to identify the legal risks and practical concerns associated with hiring a competitor’s employees.
  • You will be able to implement best practices in the hiring process.
  • You will be able to understand effective litigation strategies to preempt or to defend claims.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Non-Competes and Trade Secrets in American Business
  • Hiring a Competitor's Employees and Risks Associated
  • Non-Compete and NonSolicitation Agreements
  • Trade Secrets, Duties of Loyalty
Trigger Points When Hiring a Competitor's Employees
  • Competitiveness of Positions
  • Contractual Limitations
  • State and Federal Law
  • Relationship With Competitor
Best Practices in Hiring a Competitor's Employees
  • The Interview Process
  • Making an Offer
  • Start of Employment
  • Avoiding Allegations of Misappropriation
Preempting and Defending Claims
  • Declaratory Judgment Actions
  • Claims Against Former Employees
  • Defenses to the Most Common Claims
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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • ASA 1.5
     
  • This program qualifies for 1.5 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     

Who should attend?

This live webinar is designed for human resource professionals, personnel and employee relations managers, benefits and payroll professionals, business owners and managers, controllers, CFOs and attorneys.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stephen E. Baumann, II

Stephen E. Baumann, II

Littler Mendelson P.C.

  • Associate in the Denver office of Littler Mendelson P.C.
  • Practice emphasizes all aspects of complex litigation and employment law
  • Conducts regular seminars and workshops on numerous employment law topics and is the author of several publications related to the areas of non-competes, trade secret misappropriation, and other aspects of unfair competition
  • Membership information, admitted to practice in Colorado and California and is a member of their respective state bar associations; member of American Mensa and the Center for Legal Inclusiveness Diversity in the Legal Profession Joint Committee
  • Awarded the BTI Client Service All-Star Award in 2017 and Super Lawyers Rising Star since 2016
  • J.D. degree, University of Southern California, Gould School of Law; B.A. degree, cum laude, University of Colorado, Boulder
  • Can be contacted at 303-362-2893 or [email protected]
Danielle L. Kitson

Danielle L. Kitson

Littler Mendelson P.C.

  • Shareholder in the Denver office of Littler Mendelson P.C.
  • Practice emphasizes all aspects of complex litigation and employment law
  • Conducts regular seminars and workshops on numerous employment law topics and is the author of several publications related to the areas of non-competes, trade secret misappropriation, and other aspects of unfair competition
  • Membership information, admitted to practice in Colorado and Nebraska and is a member of their respective state bar associations; member of the American Bar Association and a board member for Denver Kids
  • Named to Chambers USA Leading Lawyers for Business, a recommended lawyer for labor and employment disputes in defense by Legal 500 United States
  • J.D. degree, cum laude, Northwestern University School of Law; B.A. degree, cum laude, Columbia University
  • Can be contacted at [email protected] or 303-362-2872
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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405306
Published 2019
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