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OnDemand Course

Covenants Not to Compete and Trade Secrets

Learn to protect your clients' confidential business information - get practical tips for using restrictive covenants and trade secret agreements.

This topic provides an overview and general principles of the law and legal theories related to protecting competitive business interests and confidential business information 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, confidentiality and nondisclosure agreements, noncompete/nonsolicitation agreements in business-to-business settings, multistate drafting concerns with restrictive covenants, trade secret identification and misappropriation, the Uniform Trade Secrets Act and related statutes and much more. This material will also address various client counseling strategies and provide certain practice tips when applying legal issues to typical situations confronted in this rapidly developing area of law.

Runtime: 93 minutes
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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
  • Movement Toward Statutory Construction
  • 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
    • Common Law Restatement (First) of Torts
  • 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.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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

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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.

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‚Äôs 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 a course on Trade Secrets and Unfair Competition
  • 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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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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Pay once and get a full year of unlimited training in any format, any time!

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* For audio recordings you only pay shipping

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

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Product ID: 404577
Published 2018
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