In a short period of time, the legal landscape governing the drafting and enforcement of restrictive covenants (confidentiality, non-compete and non-solicitation provisions) has changed mightily. This program, presented by Matthew Miklave and Ian Clarke-Fisher of Robinson & Cole, gives practitioners and business lawyers an overview of recent developments in the area and practical approaches to protecting valuable company assets. The program will begin by reviewing the fundamental underpinnings of such provisions and pre-requisites for enforcement. It will then highlight recent case law addressing issues such as forum selection, choice of law provisions, jurisdiction, arbitration, the blue pencil doctrine, and other recently litigated defenses. The program will also include updates on the impact and legal considerations of various state statutes, ERISA, and the Defend Trade Secrets Act, as well as strategic considerations and recent trends to keep in mind when handling such matters.
Matthew Miklave is a partner in our New York and Stamford offices and a member in the Labor, Employment, Benefits + Immigration Group. He represents employers and management in all areas of civil rights, employment relations, and traditional labor law, including issues arising under federal and state antidiscrimination, antiretaliation, noncompete and restrictive covenants, labor, wage and hour, plant closing, family leave, retirement, election, and civil rights statutes.
Mr. Miklave represents employers in defense of lawsuits brought under Title VII of the 1964 Civil Rights Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the National Labor Relations Act; the Help America Vote Act; the Civil Rights Acts of 1866 and 1871; the Worker Adjustment Retraining Notification Act; the Family and Medical Leave Act; the Employment Retirement Income Security Act; the Fair Labor Standards Act; the Employee Polygraph Protection Act; and the Rehabilitation Act of 1973, as well as equivalent state and local laws. He defends governmental entities and officials in constitutional and civil rights litigation, including defense of claims brought under the First, Fourth, Fifth, and Fourteenth Amendments to the Constitution of the United States.
Mr. Miklave serves as lead negotiator and advises employers with respect to union-management labor negotiations and provides advice and counsel for labor and employment matters involving mergers, acquisitions, and reorganizations.
Prior to joining the firm, Mr. Miklave was a partner at Epstein Becker & Green, P.C., in its New York City and Stamford, Connecticut, offices. He also served as counsel to the National Labor Relations Board, in Washington, DC; as trial attorney to the NLRB's Regional Office in Brooklyn, New York; and as hearing officer in numerous union-management representation matters. Mr. Miklave also taught courses on civil rights and constitutional law as an adjunct faculty member at the American University in Washington, DC.
Mr. Miklave regularly lectures nationally and internationally on a variety of employment, labor, and civil rights-related topics. For almost 10 years, he hosted an online forum devoted to labor and employment issues. Mr. Miklave is on the adjunct faculty of LawLine.com, an online provider of CLE programs.
Mr. Miklave also served as an elected representative on the Norwalk (Connecticut) City Council (2001 to 2007, and 2011 to 2013), where he served as chair of the Planning Committee (2001 to 2007, and 2011 to 2012) and as council president (2002 to 2003).
Ian Clarke-Fisher is a partner based in the firm’s New York office. He focuses on commercial and employment litigation. He works with businesses on every aspect of a dispute, from pre-litigation strategies to taking matters on appeal. His commercial cases involve complex contractual disputes, along with breach of fiduciary duty, business torts, unfair trade practices, and intellectual property claims. Ian also handles employment related cases and counsels clients on various employment issues, including restrictive covenants, confidentiality agreements, wrongful termination, and wage and hour issues. Ian is a member of the firm’s Business Litigation Group and Labor, Employment, Benefits + Immigration Group.
Very good CLE. I enjoyed the presentation.
Excellent presentation. Very informative and useful and presenters were both very good. Main presenter was very passionate about his work , which added to the presentation.
Program was very detailed and informative. Very easy to follow!
Very good course. Very practical guidance.
Great job. Lots of info in a short time but week done.
Excellent, timely presentation.
Excellent and informative course!
examples of how to correct specific deficient language/clauses would be helpful too
Great presentation skills!
They were excellent....Knowledgeable, thorough and detailed.
We presented. Straightforward
Well done course
Very well presented.
Very clear and well-organized. Good review of state-specific and federal law.
one of the best programs
Very well done.
This was one of the best CLE's I have viewed. Very knowledgeable presenters, with emphasis on current trends. DTSA references are highly applicable and helpful.
Very helpful as I have two such matters pending
Thorough and well-organized presentation. Highly recommend. Excellent job!
Really well done and very wide ranging.
One of the better CLE courses out there. Intelligent, engaging, and professional.
Knowledgeable and effective presenters
Great overview course.
Nicely concise and informative.
Good information; excellent presenters.
Excellent. Just excellent. Great organization and delivery.
Very detailed approach Well done Congratulations
The presenters were excellent in the selection of material and time allocation given the one-hour format. Lawline should consider offering this course as a two-hour course
Very well done!
This was a very interesting class!
Very well done.