We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled "Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance." Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets.
Here are the key takeaways from the webinar:
- State legislatures and federal agencies continue to take aim at non-competes, so employers should consult with knowledgeable counsel and draft agreements that are not broader than necessary. Perhaps most notably, the FTC is on the cusp of announcing a rule regarding non-compete enforceability which is expected to ban virtually all such agreements (although we anticipate any such rule will be challenged in court almost immediately).
- Even without legislation, court decisions continue to evolve the non-compete landscape, as seen in Delaware's trend against reforming overbroad agreements (even in the sale of a business context).
- While non-competes are the main focus, even non-solicits and non-disclosure agreements may be invalidated under various statutes, federal rules, or court decisions if they are deemed too broad.
To view the webinar recording, click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
