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

This OnDemand Webinar 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 and desist letters, declaratory judgments, discovery and depositions, protective orders, preliminary injunction hearings, trials and settlement negotiations. This OnDemand Webinar will also address various client counseling strategies and provide numerous practice tips regarding typical situations often confronted in this rapidly developing area of law.


Runtime: 94 minutes
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Why Lorman?

Over 32 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 Litigation Issues
    • Consideration
    • Time and Territory Restrictions
    • Defining Customers
    • Competitive Action
  • Trade Secret Cases - Primary Litigation Issues
    • UTSA and Common Law Standards
    • Is It a Trade Secret?
    • Is There Misappropriation?
    • Whether to Involve the Criminal Process

Litigating Covenants Not to Compete and Trade Secret Cases

  • Pre-Litigation Analysis
    • Determine the Violation
    • Identify the Goal
    • Implement the Plan
  • Specific Litigation Concerns
    • Noncompete and Nonsolicitation Agreements
    • Trade Secret Cases
  • Initial Litigation Strategies
    • Cease and Desist Letters
    • Declaratory Judgments
    • Temporary Restraining Orders and Preliminary Injunctions
    • Expedited Discovery
  • Filing and Defending the Lawsuit
    • Pleading Standards
    • Claims and Defenses
    • Service of Process
    • Discovery and Depositions
    • Protective Orders
  • Preliminary Injunction Hearings and Trials - General Overview
    • Identifying Witnesses and Exhibits
    • Preparing for Hearing or Trial
    • Presenting Your Case
  • Settlements
    • Whether and When to Discuss Settlement
    • Mediation and LawyertoLawyer Negotiations
    • Litigation Goals Versus Reasonable Compromise
    • Drafting the Settlement Agreement
  • Think First - Act Second
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Why Lorman?

Over 32 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 Webinar

This course was last revised on July 18, 2013.

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

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

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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More Program Information

Why Lorman?

Over 32 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 32 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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Product ID: 391922
Published 2013, 2019
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