Thursday, October 13, 2022
9:00 AM - 4:40 PM
Non-compete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests both during and after an employment relationship. Non-compete laws vary from state to state, and the current trends in judicial review and enforcement are moving toward greater restrictions on the use of these types of agreements. Thus, understanding the current and evolving landscape on restrictive covenants is imperative for both employers and employees.
This seminar will begin by providing an overview of basic non-compete law. We will then take a deeper dive into the nuanced and advanced topics and issues from the perspective of the employee, the former employer, and the new employer. This seminar is designed to provide practical tips and key insights for attorneys who assist clients in drafting, negotiating, enforcing and defending against non-competes and other restrictive covenants.
All attendees will receive Minnesota CLE’s popular Summary Guide™ to Hiring an Employee with a Non-Compete Agreement. In-person attendees will receive a printed copy on the day of the seminar. Replay attendees will receive an electronic version, which will be available on the seminar resources page.
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:10 a.m.
WELCOME & ANNOUNCEMENTS
– Katie M. Connolly & Lawrence P. Schaefer, Course Co-Chairs
9:10 – 10:10 a.m.
Anatomy of a Restrictive Covenant Agreement
Companies often use employment agreements to establish the key terms and conditions of employment, including compensation, benefits and severance. Non-compete and other restrictive covenant agreements protect a company’s business interests, both during and after employment. Thorough and clear drafting, including consideration of state law requirements and limitations, is critical to enforceability and limiting disputes. This session will provide practical tips for drafting these types of agreements, including a discussion of common errors and oversights.
– Daniel G. Prokott
10:10 – 11:10 a.m.
Hiring an Employee with a Non-Compete Agreement
This session will analyze the legal claims, risks and tough decisions facing employers who want to hire an employee with a non-compete agreement. You will learn the key legal defenses to potential claims by the previous employer as well as strategies and practical suggestions to help the new employer make the hiring decision, decrease the odds of getting sued, and minimize its legal risks and exposure.
– V. John Ella & Jeffrey B. Oberman
11:10 – 11:25 a.m.
11:25 a.m. – 12:25 p.m.
Seeking Recovery for Breach of Restrictive Covenants: Damages, Injunctive Relief and Beyond
When a current or former employee breaches restrictive covenants in an employment agreement, the employer may often pursue injunctive relief, damages and other forms of relief against the employee. Quantifying the harms and finding the right kind of recovery for the breach can be challenging. This session will discuss strategies and best practices for employers to pursue damages against a current or former employee and the employee’s new employer when an alleged breach occurs.
– Melissa Muro LaMere
12:25 – 1:10 p.m.
1:10 – 2:10 p.m.
Tips and Strategies for Defending Against an Employer’s Enforcement of a Restrictive Covenant
This session will focus on recent legislative, administrative and judicial developments and explore the many strategies to consider when defending an employee against a lawsuit seeking to enforce a non-compete or similar restrictive covenant.
– Lawrence P. Schaefer
2:10 – 2:55 p.m.
Addressing Non-Compete Agreements Across State Borders
Some states will not enforce non-compete agreements, and others are reluctant to enforce them. This session will provide an advanced discussion about enforcing non-compete agreements (or denying enforcement) when there are cross-jurisdictional issues. For example, the presenter will discuss procedural hurdles and strategies where the non-compete agreement was entered into in Minnesota and subsequently the employee becomes employed by a competitor in a state that does not enforce most non-compete agreements. This session may also explore the impact remote work has had on this issue and the recent bill that was considered by the Minnesota legislature about non-compete agreements.
– James L. Forman
2:55 – 3:10 p.m.
3:10 – 3:55 p.m.
Complex Restrictive Covenant Topics for the Advanced Practitioner
This session will explore more advanced and evolving topics, such as retaliation-based defenses (including anti-SLAPP motions), micro-union organizing to prevent non-competes, harnessing fee-shifting statutes to enforce or defend against claims, application of the “janitor rule” and other scope of restriction arguments, bad faith attorneys’ fee claims under trade secrets law, and mandatory arbitration to avoid choice-of-law and choice-of-forum clauses.
– Joel Andersen & Katie M. Connolly
3:55 – 4:40 p.m.
The Evolving State of Restrictive Covenants
Increased mobility in the workforce, concerns over the level (i.e. compensation) of employees subject to these obligations, and the duration and geographic scope of these obligations, as well as technological advances are changing the way courts (and lawmakers) view restrictive covenants. This session will explore how these developments impact litigation and advisory strategies for both plaintiff and management attorneys with local and national clients. This session will also provide practical solutions in an evolving non-compete landscape.
– Katie M. Connolly, William Z. Pentelovitch & Lawrence P. Schaefer
Tuesday, September 20, 2022
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Thursday, October 13, 2022
A moderator will be available to answer questions by email.
$245 MSBA members / $245 paralegals / $295 standard rate
Other discounts that may apply:
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or firstname.lastname@example.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.25 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.25 credits.
Minnesota CLE also has applied to the Minnesota State Bar Association for 6.25 labor and employment law specialist credits.