Program Details
2026-11-19 12:00:00
Over 1,000+ webinars
Course Overview
2026-11-19 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTAttorneys will develop a practical process for auditing existing restrictive-covenant agreements across multiple states and identifying provisions that require revision, replacement, or closer scrutiny under the evolving legal landscape. The session will address the impact of 2026 state legislation and changing enforcement standards, including employee compensation and income thresholds that may affect enforceability. It will also examine strategies for drafting reasonable geographic, temporal, and activity-based limitations, using choice-of-law and forum-selection provisions without creating additional enforcement challenges, and replacing vulnerable noncompete provisions with narrower confidentiality, non-solicitation, and trade-secret protections.
James R. O’Connor 1:10 pm - 2:10 pm ESTAttorneys will examine the practical litigation decisions that arise when an employee departs and an employer seeks immediate enforcement of non-solicitation provisions and related protections. The session will address how to establish customer, employee, and prospective-client solicitation through disputed facts and available evidence, build the record needed for temporary restraining orders and preliminary injunctions, and distinguish legitimate protection of customer relationships from impermissible restraints on competition. It will also explore overbreadth, blue-penciling, severability, and judicial modification of restrictive covenants, along with choice-of-law disputes and litigation strategies involving overlapping trade-secret, confidentiality, and business-tort claims.
James R. O’ConnorJames R. O’Connor is a partner at Phillips Lytle whose practice areas include restrictive covenants, trade secrets and unfair competition, employment litigation, business litigation, breach of contract, business torts, and shareholder and partner disputes and dissolutions. He represents businesses in complex commercial litigation in state and federal courts and counsels employers on state and federal employment law, working with human resources professionals, general counsels and business owners to manage risk and comply with the law while minimizing business disruption. He co-leads the firm’s Internal Investigations Practice Team, where his areas of focus include trade secret theft, executive malfeasance, systemic harassment and retaliation, political corruption allegations, and fraud, waste and abuse. He practices from the firm’s Buffalo and New York City offices.
James R. O’Connor is a partner at Phillips Lytle whose practice areas include restrictive covenants, trade secrets and unfair competition, employment litigation, business litigation, breach of contract, business torts, and shareholder and partner disputes and dissolutions. He represents businesses in complex commercial litigation in state and federal courts and counsels employers on state and federal employment law, working with human resources professionals, general counsels and business owners to manage risk and comply with the law while minimizing business disruption. He co-leads the firm’s Internal Investigations Practice Team, where his areas of focus include trade secret theft, executive malfeasance, systemic harassment and retaliation, political corruption allegations, and fraud, waste and abuse. He practices from the firm’s Buffalo and New York City offices.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
