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Live Webinar

90-minute live streaming program
  • December 9
  • 1:00 - 2:30 pm EST

Also available as:

OnDemand Course

Covenants Not to Compete and Trade Secrets

December 9

Learn to protect your clients’ trade secrets and get practical tips for using restrictive covenants and trade secret agreements.

Learn to recognize the many issues involved in protecting your company and clients from trade secret misappropriation and unfair competition, with special emphasis on drafting, using and enforcing noncompetition agreements, nonsolicitation agreements, and confidentiality and nondisclosure agreements. This material provides both an overview and specific principles of law regarding the protection of confidential business information and other competitive business interests through restrictive covenants and trade secret law – two of the fastest growing areas of intellectual property law outside of traditional patent, copyright and trademark concerns. Topics covered include covenants not to compete, nonsolicitation agreements, and confidentiality agreements; multistate drafting and enforcement concerns; the blue penciling doctrine; trade secret identification and misappropriation under the Uniform Trade Secrets Act, the Defend Trade Secrets Act and the common law; developing a trade secret protection program; recent legal developments and much more. This material will also address client counseling strategies and provide numerous tips when applying legal issues to practical situations confronted in this rapidly developing area of law.

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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

Covenants Not to Compete
  • Legal Requirements
  • Blue Penciling Doctrine and Severability Clauses
  • New Employee vs. Current Employee
  • Defining Competition
  • Choice of Law and Forum Selection
  • Multistate Drafting Concerns
  • Business-to-Business Settings and Independent Contractors
  • Assignment of Noncompete Agreements
  • Recent Trends in Noncompete Law
Nonsolicitation Agreements
  • Legal Requirements
  • Primary Differences With Covenants Not to Compete
  • Nonsolicitation of Customers/Employees
Trade Secrets
  • Definition
    • Uniform Trade Secrets Act
    • Restatement (First) of Torts
    • Restatement (Third) of Unfair Competition
  • Trade Secret Claims: Identification and Misappropriation
  • Trade Secrets vs. Merely Confidential Information
  • Inevitable Disclosure Doctrine
  • Reverse Engineering and Independent Development
  • Statutory Preemption of Other Claims
  • Defend Trade Secrets Act, Economic Espionage Act and Related Federal Statutes
  • Trade Secret Protection Programs
  • Confidentiality and Nondisclosure Agreements
  • Assignment of Inventions Agreements
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More Program Information

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

OnDemand Course

Applications have not yet been submitted for Delaware, Kentucky, Ohio, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on December 6, 2018.

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.
     
  • ID CLE 1.5
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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.

Live Webinar Registration

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 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 1.5
     
  • 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0 (Pending)
     
  • This program has been submitted to the Colorado Supreme Court Board of Continuing Legal and Judicial Education for a maximum of 2.0 hours of CLE. Subject to approval.
     
  • 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).
     
  • DE CLE 1.5
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit.
     
  • FL CLE 2.0 (Pending)
     
  • This course has been submitted to The Florida Bar for 2.0 hours of CLE credit. Application pending.
     
  • 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.
     
  • IA CLE 1.5
     
  • Covenants Not to Compete and Trade Secrets is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • ID CLE 1.5 (Pending)
     
  • This program has been submitted to the Idaho State Bar for 1.5 CLE hours. Approval pending.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5 (Pending)
     
  • This program has been submitted to the Indiana Commission for Continuing Legal Education for Distance Education for participating attorneys. Application Pending.
     
  • LA CLE 1.5 (Pending)
     
  • This program has been submitted to the Louisiana State Bar MCLE Committee for 1.5 CLE hours. Approval pending.
     
  • 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.
     
  • MN CLE 1.5 (Pending)
     
  • This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • NC CLE 1.5 (Pending)
     
  • ND CLE 1.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit.
     
  • NE CLE 1.5
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska.
     
  • 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.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.5 CLE hours. Approval pending.
     
  • OK CLE 1.5 (Pending)
     
  • This course has been submitted to the Oklahoma Bar Association MCLE Commission for 1.5 CLE hours. Approval pending.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • 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.
     
  • TX MCLE 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours. Lorman Education Services is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VA CLE 1.5 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • 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.
     
  • WY CLE 1.5
     
  • This program has been approved for 1.5 hours of CLE by the Wyoming State Bar.
     
  • NALA 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s).
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

Purchase Options

More Program Information

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

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 noncompetition 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 and/or alternative dispute resolution
  • Consistently listed in Best Lawyers in America for employment law and/or alternative dispute resolution
  • Certified mediator with 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 and Unfair Competition, and Negotiation
  • J.D. degree, Wake Forest University School of Law; M.Div. degree, Yale University
  • Can be contacted at 336-721-6843 or [email protected]
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More Program Information

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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 408209
Published 2018, 2020
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