Minimizing the Risk of Liability When Hiring from a Competitor, and an Update on Recent Developments in Trade Secret and Non-Compete Law Across the Country


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Attorneys will learn practical steps to minimize the risk of litigation when hiring from a competitor, including: the potential claims employers face when hiring from a competitor, ensuring that new hires are “good leavers,” creating your own defense to a trade secret misappropriation claim, and responding to “cease and desist letters.” Additionally, attorneys will be updated on the latest cases and statutes involving restrictive covenants and trade secrets.

Key topics to be discussed:

•   Ensuring that new hires are “good leavers”
•   Responding to “cease and desist letters”
•   The latest cases and statutes involving restrictive covenants and trade secrets

Date / Time: September 4, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: July 31, 2019

Peter A. Steinmeyer, Esq. is a Member of the Firm in the Employment, Labor & Workforce Management practice and the Managing Shareholder of Epstein Becker Green’s Chicago office. Practicing in all aspects of labor and employment law, he co-leads the firm’s Trade Secrets and Employee Mobility strategic initiative. Mr. Steinmeyer advises clients on the enforcement and drafting of noncompete, non-solicitation, and employment agreements, and on the movement of employees between competitors. He also litigates trade secret, non-compete, non-solicitation, and other restrictive covenant matters in numerous industries, including health care, financial services, energy, real estate, and retail. He is an editor of the Trade Secrets & Employee Mobility Blog.

Michael S. Ferrell, Esq. is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Chicago office of Epstein Becker Green. Mr. Ferrell provides clients with skilled, practical counseling on labor and employment matters to achieve their business and litigation objectives. And he helps clients identify risks in the context of business decisions in order to minimize unnecessary exposure and be in the best position for a successful outcome in the event of litigation or a labor dispute. His practice extends nationwide and includes employers in the financial services, health care, manufacturing, petroleum refining, retail, and transportation industries. Mr. Ferrell’s experience includes representing employers before federal and state courts, administrative agencies, and private arbitrators in cases involving employment discrimination claims, wagehour claims, employment contract disputes, the interpretation of collective bargaining agreements, and matters involving the National Labor Relations Act, successfully representing employers in collective bargaining negotiations, contract arbitrations, union organizing campaigns, decertification proceedings, unfair labor practice proceedings, corporate campaigns, strikes, and picketing disputes, and regularly counseling employers on employment issues, including hiring, firing, and discipline-related decisions; wage-hour compliance; disability accommodation; the enforceability of non-compete and nonsolicitation agreements; and reductions in force.

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Section I. Potential legal claims when hiring from a competitor

Section II. Practical steps to minimize litigation risk when hiring a competitor’s employees

Section III. Responding to “cease and desist” letters

Section IV. Potential settlement concepts

Section V. Non-compete agreements in 2019: under siege

Section VI. Agreements not to solicit: the next “siege” frontier?

Section VII. Trade secrets law: what’s new?

Section VIII. Scrutiny of “no-poach” agreements ramps up in 2019