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A key employee just resigned, took a thumb-drive containing gigabytes of his or her former company’s confidential information, and is now working for its competitor. He or she is contacting customers and is also attempting to hire away employees. If you are the employer, what do you do? What could you have done to prepare for this situation? For the employee, what should he or she have done to position themselves best in the inevitable litigation regarding their actions?
Scenarios like this are occurring with greater frequency now that the job market is improving, talent is highly sought after, and electronic information is easy to take. Gone are the days where paper files locked in a file cabinet offered sufficient protection. Electronic information can be taken in massive quantities without a business even knowing what or how much has been taken.
In these situations, many businesses often look to enforce restrictive covenants in employment or other agreements and find that they lack adequate legal tools to effectuate meaningful damage control. This is frequently because the company suffered from a common misconception that “non-compete agreements” are unenforceable or the covenants they have are mismatched to the harm suffered.
Join Laurent Drogin and David Kleinmann of Tarter Krinsky & Drogin, LLP as they discuss employee mobility and other issues relating to restrictive covenants. In this course Messrs. Drogin and Kleinmann discuss:
The different types of “restrictive covenants” including covenants not to compete, not to solicit, accept or service and non-poaching covenants; the common misconceptions about the different types of restrictive covenants; the showing required to enforce restrictive covenants; and what should be considered when drafting restrictive covenants in employment or asset-purchase agreements.
I. Gain familiarity with the basic aspects of the law impacting restrictive covenants and employee mobility
II. Grasp what else is needed besides restrictive covenants to protect an employer’s interest
III. Understand what employees can do to aid in their ability to move on and still deal with customers they worked with at a former employer
IV. Comprehend what is required for the enforcement of restrictive covenants
Program Attorney: Sigalle Barness
A founding partner of Tarter Krinsky & Drogin LLP, Laurent heads the firm’s Labor and Employment Practice, and co-heads its Restrictive Covenant subgroup. Working with his clients to understand their short-term legal needs and long-term business goals, Laurent develops solutions that help achieve both.
Recognizing that awareness, prevention and compliance are keys to avoiding litigation, Laurent guides clients in litigation avoidance techniques and handles litigation and dispute resolution on a wide range of matters such as restrictive covenants, employment agreements and severance issues . He also counsels and litigates matters involving compliance with federal, state and local employment laws, including harassment, discrimination, medical leave and investigations, audits and class/collective actions under federal and state wage and hour laws.
Laurent also represents employers in traditional labor law matters such as union organizing campaigns and elections, collective bargaining negotiations, discipline and discharge issues, grievance arbitrations, delinquent and unpaid benefit fund contribution matters, and proceedings before the National Labor Relations Board and New York State Public Employment Relations Board.
His extensive labor law experience includes the representation of many real estate owners, managing agents and co-op boards in the New York metropolitan area, involving unions such as SEIU Local 32BJ, Local 713 I.B.O.T.U., UFCW Local 2013, Local 670 R.W.D.S.U. and Teamsters Locals 282 and 888, among others.
A skilled litigator, Laurent has argued appeals, tried cases and conducted hearings, arbitrations and mediations in multiple courts, administrative agencies and dispute resolution venues such as the American Arbitration Association and JAMS.
David N. Kleinmann is Counsel to Tarter Krinsky & Drogin LLP in the Labor & Employment Practice Group and co-heads the firm's Restrictive Covenant Practice. He focuses on employment litigation and strategic counseling for employers, with an emphasis on workplace discrimination claims and matters involving restrictive covenants and related business torts (such as unfair competition and misappropriation of trade secrets and confidential information).
David has represented clients in New York State and Federal Courts, and has conducted arbitrations at venues such as FINRA and the American Arbitration Association. Representative clients and industries include: insurance brokerages and agencies; staffing companies; educational institutions; e-commerce retailers, and restaurants.
Prior to joining Tarter Krinsky & Drogin LLP, David was Of Counsel to the law firm of Stewart Occhipinti, LLP where his practice focused on employment and commercial litigation.
Liked case citations., Nice job on a tedious topic.
excellent course materialgood presentation,
a well done presentation..very informative
The teachers really seemed to know their stuff.
This was a well organized and information presentation.
The course was interesting and informative.
Helpful information on a timely topic.
Well presented. Useful information.
good seminar for area where few hard and fast rules - good discussion of equitable considerations
As always, I learned a few important points in this CLE and found it extremely helpful.
best one so far
Excellent presentation. Very helpful and informative
Important rules for NYS.
Outstanding presentation of complex area of law.
Thorough & Comprehensive.
Great course. Smart guys!
superb instructors, so, so knowledgeable. superb attorneys.
One of the best
Valuable guidance from seasoned litigators. As a transactional and business lawyer with drafting responsibilities, good to learn the litigators' perspective on these important provisions.
Good information, well presented
good drafting guidelines
Both teachers had an excellent command of the subject matter as well as excellent manner of teaching the course.
Good course well presented
Extremely informative. These speakers are quite well informed in this area of the law.
Very informative and well presented.
Awesome and very informative.
Very interesting and relevant material. Well organized materials. Great speakers. Excellent presentation
Outstanding presentation. Easy-to-understand format.
Well done and very informative
I was very pleased with this thoughtful presentation.
A very good overview of the issues and insightful thoughts on practice issues, especially insight on TRO procedures with judges.
Speakers very knowledgeable
very informative and helpful.
Good mix of case law and practitioner experience; nice job.
I very much appreciated the very practical practice tips, and the fact that these particular speakers made clear that they were counseling reasonableness. I also appreciated that they were quick to point out pressure points for negotiations and settling
Excellent Course. Good speakers who had good repoire with each other. Organized and clear with practical tips of how to apply case law into drafting actual employment agreements.
I enjoyed the introduction of an additional speaker.
it was interesting
Very impressive and thorough presentation. Messrs. Drogin and Kleinmann did an excellent job.
good content from the lecturers
Very helpful drafting and positioning tips
Interesting exploration of the subject.
Panelists both very familiar with their field and the materials.
Thorough yet reasonably concise review of Restrictive Employment Covenants.
Very informative and very clear. Very happy with the flow of the lesson.
Very interesting and useful
Great overview of the topic
Very good. Very thorough. They cite to some very helpful cases.
This was very helpful, especially the run-down of restrictive covenants and the pros/cons of running to court.
Very good lecture!
More interesting program than anticipated.
Great Speakers; Great Content.
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