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From Bluffs to Big Sticks: Litigating Covenant Not to Compete and Trade Secret Cases

Gain an understanding on covenant not to compete and trade secret cases, as well as litigation strategies for these types of cases.

This topic provides an overview of general and specific principles regarding covenant not to compete and trade secret litigation, one of the fastest growing areas of legal action involving intellectual property law outside of traditional patent, copyright and trademark concerns. Topics covered include initial case analysis and litigation strategies, pleading claims and defenses, TROs and preliminary injunctions, cease & desist letters, declaratory judgments, discovery and depositions, protective orders and confidentiality concerns, trials and settlement negotiations. The information will also address various client counseling strategies and provide numerous practice tips regarding typical situations often confronted in this challenging and rapidly developing area of law.

92 minutes
Certificate of Completion
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Why Lorman?

Over 34 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 and Trade Secret Overview

  • Noncompete and Nonsolicitation Agreements - Primary Enforcement and Litigation Issues
  • Trade Secret Cases - Primary Litigation Issues

Litigating Covenants Not to Compete and Trade Secret Cases - Key Legal Issues

  • Pre-Litigation Analysis
  • Specific Litigation Concerns - Noncompete and Nonsolicitation Agreements
  • Specific Litigation Concerns - Trade Secret Cases

Litigation Strategies

  • Initial Strategy
  • Filing and Defending the Lawsuit
  • Injunction Hearings and Trials

Settlements

  • Whether and When to Discuss Settlement
  • Mediation and Lawyer-To-Lawyer Negotiations
  • Litigation Goals vs. Reasonable Compromise
  • Drafting the Settlement Agreement

Think First - Act Second

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Why Lorman?

Over 34 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, Idaho, Kentucky, Maine, Ohio, Oklahoma, 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 5, 2019.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • 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.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • 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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Why Lorman?

Over 34 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 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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Why Lorman?

Over 34 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!


  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

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

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Product ID: 406758
Published 2019
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