Learn to protect your clients' trade secrets and get practical tips for using restrictive covenants and trade secret agreements.
This program provides both an overview and specific principles of law regarding the protection against unfair competition through restrictive covenants and trade secret safeguards - two of the fastest-growing areas of intellectual property law outside of traditional patent, copyright, and trademark concerns. Topics covered include multiple aspects of protecting confidential business information, customer bases, and other competitive business interests through covenants not to compete, nonsolicitation agreements, and confidentiality agreements; multistate drafting and enforcement concerns; the blue-penciling doctrine and severability; trade secret identification and misappropriation under the Uniform Trade Secrets Act, the Defend Trade Secrets Act and the common law; the inevitable disclosure doctrine, developing a trade secret protection program; recent legal developments; best practices with departing employees; and much more. This material will also address client counseling strategies and provide numerous tips when applying legal principles to practical situations often encountered with trade secrets and restrictive covenant issues, primarily in the employer-employee context.
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Why Lorman?
Over 37 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
- General Overview
- Legal Requirements
- Blue Penciling Doctrine and Severability
- Specific Drafting and Enforcement Concerns
Nonsolicitation Agreements
- Legal Requirements
- Primary Differences With Covenants Not to Compete
- Nonsolicitation of Customers/Employees
Trade Secrets
- General Overview
- Definition
- Trade Secret Claims: Identification and Misappropriation
- Inevitable Disclosure Doctrine
- 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
Restrictive Covenant Best Practices When Employment Ends
- Best Practices for Employers
- Best Practices for Employees
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Why Lorman?
Over 37 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
This course was last revised on September 19, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- FL CLE 1.5 including Business Litigation 1.5
- This course has been approved by The Florida Bar for a total of 1.5 hours of CLE credit. The course is approved for the following: Business Litigation for 1.50 hours.
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MN CLE 1.0
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.0
- Approved for 1.0 CLE credits in Oregon.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- NALA 1.08
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.08 hour(s).
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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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.
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 non-competition 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’s annual Legal Elite for employment law or alternative dispute resolution; named to North Carolina Lawyers Weekly 2023 “Power List” for employment lawyers
- Consistently listed in Best Lawyers in America for employment law, trade secret law, or alternative dispute resolution, including various “Lawyer of the Year” designations
- Certified mediator with an 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 & Unfair Competition, and Negotiation
- J.D. degree, Wake Forest University School of Law; M.Div. degree, Yale University; B.A. degree, University of North Carolina at Chapel Hill
- Can be contacted at [email protected] or 336-721-684
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Why Lorman?
Over 37 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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