Understanding, Enforcing, and Resisting Restrictive Covenants
Streams live on Tue 08/12/2025 at 06:00PM GMT
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Overview
Restrictive covenants such as non-compete, non-solicitation, and confidentiality agreements are a common feature in employment contracts, but their enforceability and fairness remain highly contested and complex. In this practical CLE program, Valerie K. Ferrier, Partner at Meister Seelig & Fein PLLC, explores the key considerations surrounding restrictive covenants, including what makes them enforceable, how to draft them effectively, and how to challenge them when representing employees. The program reviews the legal landscape across multiple jurisdictions, recent developments such as California's expansion of its ban on non-competes and the proposed FTC rule, and the strategic use of the "blue pencil" doctrine in modifying agreements.
Whether representing employers or employees, attendees will gain critical insight into tailoring agreements to protect legitimate business interests while preserving employee mobility and complying with state-specific requirements. Through real-world examples, case law, and practical drafting strategies, this session equips attorneys with the tools to navigate this fast-evolving area of employment law.
Learning Objectives:
Identify the key types of restrictive covenants and understand the business purposes they are intended to serve
Evaluate enforceability factors, including geographic scope, duration, consideration, and legitimate business interests
Analyze unique state-specific rules, including emerging statutory trends and case law from jurisdictions like New York, California, Florida, and Massachusetts
Develop practical drafting strategies for creating enforceable restrictive covenants or negotiating fair terms for employees
Understand dispute resolution strategies, including use of the "blue pencil" doctrine and alternatives to litigation
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