Know your rights when hiring competitors’ employees and avoid legal pitfalls.
With a post-pandemic mobile workforce and an increasingly tight 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. Compounding these challenges are recent legislative developments limiting the use of restrictive covenants in numerous states, in addition to the FTC’s proposed rulemaking banning non-compete agreements altogether. In this session, 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 you 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 explain the contours of non-solicitation 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 discuss best practices in the hiring process.
- You will be able to review effective litigation strategies to preempt or to defend claims.
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Why Lorman?
Over 36 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 | |
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| Trigger Points When Hiring a Competitor’s Employees | |
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| Best Practices in Hiring a Competitor’s Employees | |
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| Preempting and Defending Claims | |
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Why Lorman?
Over 36 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 1.0
- This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected] Please retain proof of attendance in the event your CE record is audited.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- 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 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- 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: 1.0 CLE credit(s).
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.3
- This program has been approved by the Missouri Bar for 1.3 hours of CLE.
- NC CLE 1.0 (Pending)
- ND CLE 1.0
- This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.0 hours of CLE credit.
- NH MCLE 1.0
- 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: 60 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours.
Please note: In order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks. This course is considered Self-Study. No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
- WI CLE 1.0
- This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- 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 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
CPE 1.2 including Business Law 1.2
- 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: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.2 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.
OnDemand Course
This course was last revised on April 25, 2019.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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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Why Lorman?
Over 36 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
Littler Mendelson P.C.
- Provides nationwide, risk-adjusted advice to employers of all sizes, from small startups to Fortune 500 companies, about enforcement of non-compete agreements and other unfair competition
- Has successfully negotiated resolutions of countless unfair competition disputes, whether protecting companies and new hires from threats of litigation by former employers or protecting companies’ assets and relationships when employees leave to join a competitor
- Has a robust litigation practice in federal and state courts nationwide, including complex litigation involving trade secrets, noncompete agreements, discrimination, retaliation, harassment, failure to accommodate, and wrongful termination
- Has obtained temporary restraining orders (TROs) and preliminary injunctions following hotly contested evidentiary proceedings to protect the trade secrets, confidential information, and competitive advantages of energy companies, advertising companies, mid-size distributing companies, medical device companies, industrial maintenance and repair companies, and others
- Has also obtained Rule 12 dismissal of allegations seeking a declaratory judgment on enforceability of a non-compete agreement, as well as damages for outrageous conduct, intentional infliction of emotional distress, and invasion of privacy, on behalf of an alternative energy company, including an award of fees and costs against plaintiff
- Author of various articles for Littler Mendelson P.C., including A New, More Restrictive Era for Restrictive Covenants in Colorado and Colorado Criminalizes Certain Restrictive Covenants
Danielle Van Katwyk
Littler Mendelson P.C.
- Practice consists of defending employers in federal and state court against claims of discrimination and harassment, retaliatory discharge, and restrictive covenant matters
- Representative experience includes obtaining a temporary restraining order in federal court, restraining former employee from disclosing employer’s confidential information, and soliciting client’s customers.
- Has presented on various topics, including Restrictive Covenants Updates: The Cutting Edge on Colorado and Beyond and Restrictive Covenants During the Great Resignation: Legislative Updates and Strategic Approaches for Employers
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Why Lorman?
Over 36 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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