Webcast

Drafting Restrictive Covenants to Protect Trade Secrets, Confidential Information, & Business Relationships

Streams live on Friday, March 26, 2021 at 10:00am EDT

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Course Information

Time 60 Minutes
Difficulty Intermediate

Course Description

This program, presented by Leigh Ann Buziak and Kevin Passerini of Blank Rome, will provide a general background of state and federal law on restrictive covenants, including confidentiality, non-competition, non-solicitation, and non-interference provisions, before diving into specific drafting tips that will make your restrictive covenants more likely to be enforced in court. The faculty will present tips to ensure that restrictions are enforceable under state and federal law, with updates on changing state law and pandemic business trends. The course will also review how to use forum, choice-of-law, assignment, no defense, and other “miscellaneous” provisions that can help protect legitimate business interests.

This program will benefit transactional lawyers, in-house counsel, and litigators


Learning Objectives:

  1. Analyze recent statutory developments and legislative efforts affecting the enforceability of non-competes and other types of restrictive covenants at the state and federal level
  2. Provide drafting tips and tricks to ensure that restrictions are enforceable in litigation
  3. Assess business strategies and developments in the pandemic affecting the enforcement of non-competes and other restrictive covenants
  4. Discuss trends that inform the best types of miscellaneous provisions for use in litigation and protection of business interests


Credit Information

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Faculty

Leigh Ann Buziak

Blank Rome LLP

CO-CHAIR, GENERAL LITIGATION PRACTICE GROUP

Leigh Ann Buziak represents clients in various types of business disputes, with a concentration in handling difficult employment and intellectual property issues. She concentrates her practice on drafting, negotiating, and litigating non-compete agreements, pursuing departing employees for misappropriation of trade secrets, and defending companies from accusations of the same. Leigh Ann also provides strategic advice and counsel in employment matters, litigation risks, and investigations. Leigh Ann has experience developing digital evidence, including forensic investigations. As the co-chair of the General Litigation Practice Group, Leigh Ann has responsibility for managing the workload and professional development of the Firm’s first-through-fifth-year litigation associates.

Leigh Ann was recognized by The Legal Intelligencer as an “unsung hero” for her pro bono work on a case involving attempts to expunge the criminal record of the first Pennsylvania citizen released from prison on the basis of after-acquired DNA evidence. During law school, Leigh Ann served as a legal intern for the Honorable Bruce I. Fox, United States Bankruptcy Judge for the Eastern District of Pennsylvania.

RECOGNITIONS

  • 2019, “Best of the Bar: Employment Litigation,” listed in the Philadelphia Business Journal

  • 2015, “40 under 40,” listed in Philadelphia Business Journal 

  • 2010, “Lawyer on the Fast Track,” listed in The Legal Intelligencer

  • 2010 “Pro Bono Unsung Hero,” listed in The Legal Intelligencer

PROFESSIONAL ACTIVITIES

Leigh Ann serves on The Legal Intelligencer’s Young Lawyer Editorial Board. She also volunteers to provide pro bono legal services for the Philadelphia Volunteers for the Indigent Program (“VIP”), the Homeless Advocacy Project (“HAP”) and the SeniorLAW Center.

Outside the Firm

Leigh Ann serves on the Board of Directors of the Public Interest Law Center and was Co-Chair of the Host Committee for its 50th Anniversary Celebration. She is Program Chair for the Temple American Inn of Court. Leigh Ann is also a fundraiser for Back on My Feet (“BOMF”), an organization that promotes the self-sufficiency of the homeless population through running. Leigh Ann has successfully coached BOMF members to complete the Philadelphia Marathon, Philadelphia Distance Run, and the Broad Street Run.

MEMBERSHIPS

  • American Bar Association
  • Philadelphia Bar Association
  • Pennsylvania Bar Association
PROFESSIONAL ACTIVITIES

Leigh Ann serves on The Legal Intelligencer’s Young Lawyer Editorial Board. She also volunteers to provide pro bono legal services for the Philadelphia Volunteers for the Indigent Program (“VIP”), the Homeless Advocacy Project (“HAP”) and the SeniorLAW Center.

ADMISSIONS

  • Pennsylvania
  • New Jersey
  • United States Court of Appeals for the Ninth Circuit
  • U.S. District Court - Colorado
  • U.S. District Court - Eastern District of Pennsylvania
  • United States Court of Appeals for the Fourth Circuit

EDUCATION

  • University of Maryland, BA, with high honors
  • Temple University Beasley School of Law, JD, cum laude





Kevin M. Passerini

Blank Rome LLP

Kevin Passerini provides legal counsel to clients in a wide range of business issues, concentrating on the prevention and litigation of disputes between competitors in the following areas:

  • Trade secrets and intellectual property

  • Restrictive covenants

  • False advertising

  • Corporate raiding

  • Breaches of the duty of loyalty

  • Unfair competition

  • Antitrust

While Kevin’s practice often involves fast-paced injunction proceedings, he also provides counseling to companies outside of the litigation context addressing these critical and ever-evolving issues. In particular, Kevin counsels clients on the protection of competitively valuable information, employee work product, and human capital and related investments in employee training and research and development. He regularly provides consulting to clients with respect to the drafting, negotiation, and implementation of restrictive covenant agreements and related employment and IT policies and practices as well as the use of forensic tools to aid in the protection of companies' key assets and the enforcement of key employees' obligations.

Kevin served as Note and Comment Editor of the Journal of Law and Commerce while in law school, and he interned with the Civil Division of the United States Attorney's Office for the Eastern District of Pennsylvania. Kevin’s collegiate studies focused on biology and chemistry, including research contributions published in the American Journal of Botany.

Select Engagements

  • A global medical device company, in matters involving FDA-regulated medical devices, corporate raiding, trade secrets, restrictive covenants, unfair competition, anticompetitive conduct, fraud, false advertising under the Lanham Act, and antitrust, including appellate litigation.

  • A global chemical company, in litigation concerning a competitor's efforts to enforce restrictive covenants.

  • A healthcare corporation, in antitrust litigation pertaining to pharmaceutical patents and the Hatch Waxman Act, including appellate litigation.

  • A healthcare insurer and its officers and directors, in a RICO class action.

  • The founder and corporate executive of publicly-traded, global fashion and apparel company, in derivative action alleging breach of fiduciary duty, corporate waste, and unjust enrichment.

  • The founder, corporate executive, and director of closely-held company, in business divorce involving breach of fiduciary duty and oppression.

  • A previously-acquired defense contractor and its former officers, in a post-acquisition RICO, breach of contract, and trademark infringement action brought by the acquiring company.

  • A publicly-held defense contractor, in a post-acquisition fraud lawsuit against the former officers and directors of an acquired company.

PROFESSIONAL ACTIVITIES

Kevin serves on the Board of Councilors for the Historical Society of Pennsylvania and worked to found the organization’s Young Friends Board. He also has authored articles regarding trade secrets for The Legal Intelligencer and frequently serves as a panelist at CLE programs on the topics of trade secrets litigation and employment practices and ethical issues.


MEMBERSHIPS

  • American Bar Association
  • Historical Society of Pennsylvania
PROFESSIONAL ACTIVITIES

Kevin serves on the Board of Councilors for the Historical Society of Pennsylvania and worked to found the organization’s Young Friends Board. He also has authored articles regarding trade secrets for The Legal Intelligencer and frequently serves as a panelist at CLE programs on the topics of trade secrets litigation and employment practices and ethical issues.

ADMISSIONS

  • Pennsylvania
  • New Jersey
  • United States Court of Appeals for the Third Circuit
  • U.S. District Court - Eastern District of Pennsylvania
  • U.S. District Court - New Jersey
  • U.S. District Court - Western District of Michigan

EDUCATION

  • University of Virginia, BA
  • University of Pittsburgh School of Law, JD, cum laude