Handcuffs & Secrets: The Law of Employee Mobility in a Changing Economy

(1116 Ratings)

Produced on: June 21, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

The law and policy governing noncompetes and trade secrets in the workplace is changing. With a new federal trade secrets statute, pending statutory changes in numerous states and high-level policy interest in the impact of noncompetes on the workforce and innovation, old assumptions are facing new challenges. As technology uproots old economic structures and the workforce becomes increasingly mobile, practitioners face new challenges in advising and litigating for clients in this evolving legal environment.

This course offers both a refresher in the basic principles of law governing trade secrets and restrictive covenants and a re-examination of those principles in light of evolving legal and workforce trends. For experienced practitioners and those first encountering the issues of how to protect intellectual and human resources in a mobile employment market, this course goes beyond the black letter law to look at the purpose and function that the law of trade secrets and noncompetes play in the regulation of workforce mobility.


Learning Objectives: 
  1. Outline the law governing noncompetes and trade secrets in the workplace
  2. Focus on the purpose and function that the law of noncompetes and trade secrets plays in our economy
  3. Understand the reasons for the new policy attention to these issues at the federal and state levels
  4. Revisit how to advise clients and litigate cases in this changing legal and policy environment

Faculty

John Siegal

BakerHostetler

John Siegal is an accomplished trial lawyer and courtroom advocate in federal and state courts in New York and across the nation. He advises and litigates primarily for financial services, media, and real estate industry clients in private business disputes and matters involving public agencies and controversies. John sees law as a strategic tool, always keeping clients’ business objectives at the forefront. Combined with powerful written and oral advocacy, John gets results for clients.

From 2009 through 2014, John served as the Litigation Group Coordinator of BakerHostetler's New York practice, managing a group that rapidly expanded to more than 100 litigating lawyers. At the same time, and throughout his career, John has been an active participant in New York’s civic and political life. He believes lawyers must fulfill community obligations and that his career-long engagement in public issues deepens his understanding of our economy and society and how to get things done for clients. 


John’s advocacy success includes:

  • Winning an $18 million federal jury verdict in a First Amendment retaliation case;

  • Convincing the Second Circuit Court of Appeals to permit a LIBOR fraud case to proceed against a global bank – BPP Illinois, LLC v. Royal Bank of Scotland Group PLC, 603 Fed. Appx. 57 (2d Cir. 2015); and

  • Annulling the City of New York’s regulation of outdoor advertising on state-owned railroad property – CBS Outdoor, Inc. v. City of New York, 2015 WL 53179 (Sup. Ct., N.Y. Co., September 8, 2015).

  • Mayor Bill de Blasio (as Public Advocate) in the Second Circuit’s review of the remedies order in Floyd v. City of New York concerning the stop-and-frisk practices of the New York Police Department – “Despite Stance, de Blasio, if Elected, Could Find a Police Monitor Intrusive,” New York Times, Nov. 1, 2013;

  • A global investment bank in litigating and resolving numerous employment and trade secrets arbitrations and cases; and

  • Filmmaker Ken Burns in quashing a subpoena for film outtakes on reporter’s privilege grounds – “City Rebutted in Bid for Outtakes From Central Park Jogger Film,” New York Times, Feb. 19, 2013.


Financial Services

  • Handles noncompete, trade secrets and employee raiding cases, and FINRA arbitrations for a global investment bank.

  • Has arbitrated numerous partnership and business valuation disputes in private equity and closely-held corporation cases.  

  • Persuaded the United States Circuit Court of Appeals to reinstate a developer’s case against its lender due to the bank’s participation in setting LIBOR interest rates.

  • As part of BakerHostetler’s role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, John served as lead attorney from 2009 to 2012 in Picard v. Madoff, et al.


Real Estate

  • Won dismissal of a claim for the owner of the largest single privately-owned apartment building in Manhattan that would have subjected the building to permanent below-market rents based on a decades-old ground lease. The dismissal was affirmed by the Appellate Division, First Department and the Court of Appeals denied leave to appeal.

  • Tried to a jury verdict a claim by a condominium owner that the building’s board breached its duties in failing to timely and effectively remediate mold and other environmental hazards. The verdict was listed as the largest contract verdict of the year by the New York Law Journal.

  • Lead counsel in the outdoor advertising industry’s successful 2012 to 2015 challenge to New York City’s attempt to apply its land use regulations to locations on state-owned railroad rights of way.

  • Successfully litigated over land use approvals for two different New York City stadium projects, once helping to obtain dismissal of challenges to the public approvals for a sports stadium and once, as lead counsel, annulling the award of a franchise for construction of a concert stadium.

Media, First Amendment, and Constitutional Litigation

  • Won an $18 million jury verdict in a three-week federal trial in May, 2015 for a private equity executive in a civil rights case brought under 42 U.S.C. § 1983 for First Amendment retaliation by state pension fund officials.

  • Represented Mayor Bill de Blasio in the Second Circuit’s 2013 review of the remedies order in Floyd v. City of New York concerning the New York Police Department’s stop-and-frisk practices.

  • Represented documentary filmmakers Ken Burns, David McMahon, and Sarah Burns in quashing a subpoena for outtakes of the film The Central Park Five. The City of New York sought the footage in a federal civil rights lawsuit filed by the subject of the film. The decision clarified and limited the scope of exceptions to the reporter’s privilege under Second Circuit case law.


Reviews

MR
MELVIN T R.

excellent overview of the topic

AS
Amy S.

Good coverage of recent legislation

GG
George A G.

fantastic presentation!

CB
Craig B.

Very informative presentation and I highly recommend this course for anyone practicing in the non-compete area of the law.

DS
Deborah S.

Great content. Well presented.

CM
Craig M.

Excellent overview and information.

RM
Ruth M.

Excellent presentation!

JL
Jeremy L.

Good presenter

DH
Daniel H.

Excellent introduction to the recent federal law in the area.

MB
Matthew B.

This presenter and program was excellent.

JH
Jennifer H.

Thank you for the state by state prospective legislation.

CK
Clifford K.

Very informative

DS
David S.

Well presented, thoughtful and helpful

GP
Gregory P.

Excellent presentation: informative and well organized.

JR
Jake R.

This is an area of the law I need to learn more about, so I appreciated this course.

FR
Faustino R.

The presenter spoke in a way that made the subject very interesting

EK
Elizabeth K.

Excellent and informative presentation

JS
Jonathan S.

I know and respect this presenter as a very fine litigator.

SP
Scott P.

Very informative across legal, policy and economic considerations. Excellent presenter.

MN
Mary N.

Very interesting

HW
hilory w.

Terrific presentation. One of the best I've heard.

JG
Janice G.

good class--good information and presented well

BP
Benjamin P.

This was an informative and well-done presentation. I have always been interested in non-compete contracts and it was great to see a real expert chart the current legal waters on the issue.

CR
Chris R.

Very informative and timely since I am just coming out of a non-compete trade secrets case

KP
Katherine P.

nice summary of the different states on non-compete, etc.

KP
Kenneth W. P.

It is amazing how the terminology for this topic has changed in the past 5/6 years.

FO
Frank O.

Instructor very good! I don't practice in this area but found it very interesting.

AC
Alison C.

very well presented; useful information

DS
Daniel S.

I thought that Mr. Siegal was knowledgable, and he comes across as an excellent presenter. I would recommend him in this area of the law.

ES
Eric S.

Great presenter. Well done

SO
Shawn O.

I did not know about the recent federal law. That alone was worth the price of the course.

JL
Jennifer L.

First Rate!

TS
Theodor S.

Very informative regarding the new law

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