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Live Webinar

90-minute live streaming program
  • June 5
  • 1:00 - 2:30 pm EST

Noncompete Agreements in the Context of a Business Sale

June 5

Gain and understanding of noncompete agreements and negotiations of these agreements.

Noncompete agreements are powerful tools to protect a business’ trade secrets, confidential information, clients, and goodwill by preventing a departing employee to secret away critical business information and client relationships to a competitor. When enforceable, noncompete agreements prohibit former employees from working for any competitor or forming their own competitive business.

Under normal business conditions, drafting enforceable noncompete agreements requires thoughtful, advanced planning. In addition to providing a general overview of the best practices for drafting and enforcing noncompete agreements, with or without litigation, this material will address the special complications that arise during corporate restructuring. The covered topics will include how to preserve pre-existing noncompete agreements, introduce noncompete agreements into an existing workforce, and negotiate and draft noncompete agreements with prior owners. While geared towards the special problems businesses must navigate in the context of a business sale, this material will also provide all individuals with a sophisticated understanding of how to better protect their assets.

Learning Objectives

  • You will be able to identify all of the common pitfalls in drafting and administering noncompete agreements across states.
  • You will be able to evaluate whether you should preserve a previous owner’s noncompete agreements.
  • You will be able to avoid common issues with assigning noncompete agreements.
  • You will be able to identify and select appropriate enforcement strategies.

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Why Lorman?

Over 33 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

Unique Protections Noncompete Agreements Provide
  • Assets Noncompete Agreements Protect
  • Remedies Noncompete Agreements Provide
Creating Your Checklist
  • Individuals Who May Be Subject to a Noncompete Agreement
  • Salary Requirements
  • Legitimate Protectable Interests
  • Timing Issues
Obstacles and How to Overcome Them
  • Reasonable Restrictions
  • Judicial Approaches to Overbroad Restrictions
  • Tolling Agreements to Extend the Life of a Noncompete Agreement
  • Antitrust and Other Public Interest Exemptions
  • Reminder of Obligations to Departing Employees
Special Considerations for Business Sales
  • Deciding Whether to Assign Existing Noncompete Agreements
  • Practical Issues Assigning Noncompete Agreements
  • Introducing Noncompete Agreements to a Workforce
  • Considerations for Noncompete Agreements With Former Owners
Enforcement Options
  • Litigation Dynamics
  • Enforcement Without Litigation
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Why Lorman?

Over 33 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

  • CPE 1.8 including Business Law 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: Business Law for 1.8 hours. Prerequisite: basic knowledge of business financials. 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, LLC. 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 business owners and managers, presidents, vice presidents, supervisors, associates, administrative professionals, sales and marketing professionals, accountants and directors.

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Why Lorman?

Over 33 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

Josh Goldberg

Josh Goldberg

Barran Liebman, LLP

  • Attorney with Barran Liebman, LLP, in Portland, Oregon
  • Litigation and advice practice focuses on advice and litigation related to restrictive covenants, including noncompete agreements, non-solicitation agreements, and non-disclosure agreements
  • Drafted noncompete agreements for small, medium and large-sized employers that are compliant in states across the country
  • Advised companies on how to preserve noncompete agreements during sales and corporate transfers
  • Defended a claim of breach of a noncompete agreement for a global technology company and quickly achieved a highly favorable result
  • Briefed the Oregon Court of Appeals on novel issues that arose in an action to enforce a noncompete agreement
  • Advised companies on best practices while hiring employees subject to noncompete agreements
  • J.D. degree, Lewis & Clark Law School, B.A. degree, Williams College
  • Can be contacted at [email protected]
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Why Lorman?

Over 33 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: 407200
Published 2020
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