An Overview of Non-Compete Agreements and Non-Solicit Provisions

In this program, employment attorney Jonathan Cooper provides an overview of the legal landscape concerning non-compete agreements. Over the last few years, a number of states, and even the White House, have weighed in on non-compete and non-solicit provisions, staking claims that overzealous employers have overreached by trying to hold low-income employees to restrictive covenants, and should therefore be banned. As a result, many employers-and employees-have been left wondering whether existing agreements are enforceable, and if so, to what extent a court will be willing to enforce that agreement.

Participants of this class are welcome to receive a free copy of "To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements in New York" by clicking on the hyperlink to the book and filling out the book order form.

Learning Objectives:

1. Review the factors that courts across different jurisdictions in the country will consider to determine whether a particular non-compete agreement is enforceable
2. Understand under what circumstances a fiduciary, or former employee, is permitted to solicit his old clients
3. Discuss the reasonable expectations and options that an employer has at its disposal when confronting a situation where a disloyal former employee poaches his clients, or otherwise violates his employment agreement
4. Consider, from an employee's perspective, some of the best ways to get around a non-compete agreement