The Law of Employee Mobility: Recent Developments In Non-Competes & Trade Secrets

(57 Ratings)

Produced on: February 06, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

The law and policy governing non-competes 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 non-competes 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 program, taught by John Siegal and Saima Sheikh of Baker Hostetler’s Employment Law practice, will provide an update on the laws governing employee restrictive covenants and trade secrets protections, including the impact of the federal Defend Trade Secrets Act, newly enacted and proposed state statutes, and developments in case law from across the country. The program 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 non-competes play in the regulation of workforce mobility.


Learning Objectives:

  1. Outline the law governing non-competes and trade secrets in the workplace
  2. Focus on the purpose and function that the law of non-competes and trade secrets plays in our economy
  3. Discuss the reasons for the new policy attention to these issues at the federal and state levels
  4. 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.


Saima Z. Sheikh

BakerHostetler

Saima Sheikh represents employers in all industries with employment law matters, focusing on wage and hour, discrimination and breach of contract litigation in the hospitality, healthcare, financial services and retail industries. She negotiates, drafts and enforces employment agreements and restrictive covenants, including noncompetition and non-solicitation provisions. She regularly counsels management regarding day-to-day workplace issues (such as hiring, termination and disciplinary practices and personnel policies) as well as compliance with federal, state and local employment laws and regulations. Saima is highly attentive to clients' business objectives and she offers creative strategies and strong trial advocacy.

Saima is recognized by Super Lawyers as a New York Metro area "Rising Star."

Reviews

MA
Mattie A.

Excellent

JD
joseph d.

info was timely.

Load More

$59

$ 59 Labor & Employment Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.