On Demand Audio

What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants

(170 reviews)

Produced on October 04, 2019

$ 59 Business, Corporate, & Securities Law and Labor & Employment Law In Stock
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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

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.


Learning Objectives:

  1. Examine recent case developments in the enforcement of non-compete, non-solicit, and no poaching agreements, including the availability of certain defenses
  2. Analyze strategic opportunities to protect an employer’s interests vis-à-vis recently passed state non-compete statutes, ERISA, and the Defend Trade Secrets Act
  3. Understand the implications of procedural provisions commonly found in non-compete agreements, including choice of law, venue, jurisdiction, arbitration, and forum selection clauses
  4. Consider recent trends and strategic best practices from the employer’s perspective

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Matthew Miklave

Robinson & Cole

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).

EDUCATION

  • University of Notre Dame Law School 
  • J.D. with honors 
  • American University 
  • B.S. with distinction
  • ADMISSIONS
  • State of Connecticut
  • State of Michigan
  • State of New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of Michigan


Ian T. Clarke-Fisher

Robinson & Cole LLP

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. 



Reviews

DC
Daria C.

One of the better CLE courses out there. Intelligent, engaging, and professional.

MB
Matthew J. B.

Knowledgeable and effective presenters

MP
Magin P.

Great overview course.

JR
Julia R.

Nicely concise and informative.

PC
Pamela C.

Good information; excellent presenters.

DB
Daniel D. B.

Excellent. Just excellent. Great organization and delivery.

BG
Burton G.

Very detailed approach Well done Congratulations

PB
Pamela B.

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

MH
Michael H.

Very well done!

DA
Donna A.

good course

MW
Marie W.

This was a very interesting class!

MS
Matthew S.

Very well done.

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