The understanding of restrictive covenants is important to any attorney representing a business and to the management staff of a business. This is particularly true where trade secrets and other intellectual property are present, and where customer good will is at risk.
- This seminar provides valuable information to the drafter of non-compete agreements, the lawyer advising both the employer and employee, as well as for those who have to face the issues in the courtroom
- The interaction between non-compete agreements, the trade secret statue and other employment related torts is fully explored
- The speakers provide an interesting mix of substantive legal knowledge and practical case handling concerns
- Discussion of recent developments in the law on covenants not to compete and trade secrets
- Pointers on drafting enforceable non-competition agreements
- Guidance in assessing whether to sue and where to sue if a covenant not to compete is being violated or a trade secret is being misappropriated
8:30 a.m. - 9:35 a.m.
I. General Review Of Covenants Not To Compete
This part of the seminar will be a general review of what you should know about restrictive covenants and why you need to know it. Among the issues which are to be addressed are:
A. An Overview Of Restrictive Covenants
B. Analyzing Current Indiana Law Governing The Enforcement Of Such Agreements
C. Practical Pointers On Drafting Substantive Provisions Of Restrictive Covenants
D. Effective Methods For Businesses To Implement Restrictive Agreements
E. Ethical Considerations When Dealing With Restrictive Covenants
9:35 a.m. - 10:40 a.m.
II. Uniform Trade Secrets Act And Common Law Rights
This part of the seminar will address competitive protections afforded by Indiana's Uniform Trade Secrets Act and certain common law rights. The issues that will be discussed include:
A. Types Of Information That Qualify As Trade Secrets
B. Establishing And Maintaining Trade Secrets
C. Remedies For Misappropriation Of Trade Secrets
D. Litigation Issues Concerning Trade Secrets
E. Common Law Rights Including Breach Of Fiduciary Duty, Conversion And Tortious Interference With Contracts
10:40 a.m. - 10:55 a.m.
10:55 a.m. - 12:00 p.m.
III. Litigating A Case Involving Breach Of Non-Compete Agreements
And Related Claims
This part of the seminar will address the successful prosecution of cases involving claims of breach of a non-compete agreement and related claims of misappropriation of trade secrets and unfair competition. Among the issues which are to be addressed are:
A. Choosing The Court And Applicable Law
B. Obtaining Emergency Or Expedited Relief, Including
Ex Parte Orders
C. Dealing With Confidential Information During Litigation
D. Recognizing Possible Conflict Of Interest Issues, Including Those Involving Indemnifications
E. Negotiating An Acceptable Settlement In Light Of Antitrust Concerns
F. Obtaining An Appropriate Remedy
12:00 p.m. - 12:30 p.m.
IV. Question And Answer Session