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AIPLA Career & Practice Management Discussion Series - Protecting Trade Secrets in an Anti-Noncompete Era
March 2, 2021 12:30 PM to 2:00 PM
Member-benefit exclusive! A presentation from the Career & Practice Management Discussion Series.. No CLE credit available.
Noncompetition agreements have historically offered powerful protection against misappropriation of trade secrets. While a departing employee may have legal and contractual obligations to refrain from disclosing trade secrets to a subsequent competing employer, an enforceable noncompete means that the employer need not blindly trust that its former employee will remain faithful to these obligations. Removing the employee from the competitor effectively removes the threat. But noncompetes have fallen out of favor with many judges, state legislators, and even our new President, all of whom decry these agreements as being unfair to workers and improperly restrictive of their mobility in the labor market. Many states have enacted statutes limiting or prohibiting the enforcement of noncompetes, and the Biden Administration has forewarned of his intention to abolish them. In light of these challenges, noncompetes have become a less reliable tool, and businesses need to find alternative means to protect and secure their trade secrets. In this seminar, Tom McNulty, an intellectual property attorney at Lando & Anastasi, and Max Perlman an employment and trade secret litigator at Hirsch Roberts Weinstein LLP, will address the challenges and potential solutions through a discussion of the following topics:
- A Powerful Tool: Protecting Trade Secrets with Noncompetes
- Using noncompetes to protect trade secrets
- Unique protection offered by noncompetes
- Challenges to the Enforceability (and Existence, Even) of Noncompetes
- Recent court decisions
- State legislative efforts
- President Biden’s warnings
- Optimizing the Prospects for Enforcement of Noncompetes
- Reasonableness in scope and target
- Reasonableness in enforcement efforts
- Statutory compliance / adherence to presumptions
- Plan B: Protecting Trade Secrets in the Absence of Noncompetes
- Other restrictive covenants
- DTSA / UTSA / Inevitable disclosure
- Practical / technological solutions
- Special considerations for protecting trade secrets in a remote working environment
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AIPLA’s webinars are available and accessible to individuals who are hearing impaired. If anyone at your location would like to know more about accommodations, please contact firstname.lastname@example.org. We ask that you let us know at least 7 business days out from the webinar, to ensure that we can identify and deploy the solution that best fits our registrants needs.
Disclaimer: AIPLA is a nonprofit national bar association. The sole purpose of this CLE program is to provide educational and informational content. AIPLA does not provide legal services or advice. The opinions, views and other statements expressed by contributors to this CLE program are solely those of the contributors. These opinions, views and statements of the contributors do not necessarily represent those of AIPLA and should not be construed as such.
AIPLA Comments to Copyright Office on Group Registration of Updates to a News Website
February 22, 2024Arlington, VA. February 20, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the U.S. Copyright Office's Notice of Proposed Rulemaking related to group registration of updates to a news website.
AIPLA Comments to HHS on WHO Pandemic Treaty
February 8, 2024Arlington, VA. January 31, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments in response to the RFC on Implications of Access and Benefit Sharing (ABS) Commitments/Regimes and Other Proposed Commitments in the World Health Organization (WHO) Pandemic Agreement.
AIPLA Comments to NIST on March-In Rights Guidance
February 7, 2024Arlington, VA. February 5, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the National Institute of Standards and Technology (NIST) in response to the Request for Information Regarding the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights.
AIPLA Comments to Federal Trade Commission on Proposed Rulemaking Regarding Consumers “Right to Repair”
February 5, 2024Arlington, VA. February 1, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the Federal Trade Commission (FTC) in response to the petition for rulemaking to protect consumers’ right to repair products they have purchased.
AIPLA Comments on WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge
January 31, 2024Arlington, VA. January 22, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the United States Patent and Trademark Office (USPTO) in response to the October 24, 2023 Notice on WIPO Intergovernmental Committee (IGC) Negotiations on Genetic Resources and Associated Traditional Knowledge.