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Trade Secrets & Non-Solicits in Business Sales: Trial Insights & Strategic Considerations (Presented by the Federal Bar Association annual Meeting & Convention 2025 sponsor Winthrop & Weinstine, P.A)

2025-08-20 14:00:00

2025-08-20 14:00:00

1 Credits

Practical strategies for enforcing trade secrets and non-solicitation agreements in business sales, covering litigation, trials, and evolving laws.

2025-08-20 14:00:00

Practical strategies for enforcing trade secrets and non-solicitation agreements in business sales, covering litigation, trials, and evolving laws.

2025-08-20 14:00:00

1000+

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to customize trade secret definitions and non-solicitation provisions to specific industries while avoiding boilerplate templates that fail in litigation.

What will you gain

Attorneys will gain practical trial strategies including third-party discovery approaches, damages expert engagement, and insights into what jurors actually consider during deliberations.

Agreement Drafting
Customize trade secret and non-solicitation provisions to actual business realities.
Document Control
Implement retention policies ensuring signed agreements are properly executed and accessible.
Transaction Structure
Evaluate asset purchase versus stock sale implications for non-compete exposure.
Third-Party Discovery
Balance litigation needs against business relationship preservation when issuing subpoenas.
Injunctive Relief
Focus on non-compensable harms like trade secrets and goodwill for TROs.
Evolving Laws
Navigate state non-compete bans while leveraging trade secret and non-solicitation claims.

What will you learn

Attorneys will learn how to customize trade secret definitions and non-solicitation provisions to specific industries while avoiding boilerplate templates that fail in litigation.

What will you gain

Attorneys will gain practical trial strategies including third-party discovery approaches, damages expert engagement, and insights into what jurors actually consider during deliberations.

Agenda

Session 1

Enforcing Trade Secrets and Non-Solicitation in Business Sales

Session 2

Federal Court Litigation Strategy and Trial Themes

Session 3

Injunctive Relief Strategies and Evidentiary Challenges

Session 4

Evolving Non-Compete Laws and Restrictive Covenant Trends

clock 2:00 pm - 2:15 pm EST

Enforcing Trade Secrets and Non-Solicitation in Business Sales

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

This session covers best practices for drafting customized trade secret definitions and non-solicitation provisions tailored to specific industries. Attendees will learn about essential boilerplate clauses, document retention strategies, and critical differences between asset purchases and stock sales in protecting against restrictive covenant exposure.

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

clock 2:15 pm - 2:30 pm EST

Federal Court Litigation Strategy and Trial Themes

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

This session explores the full range of causes of action available when non-compete or non-solicitation breaches occur, from breach of contract to misappropriation claims. Participants will gain insights on forum selection, third-party discovery strategy, and how to leverage witness relationships for maximum trial impact.

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

clock 2:30 pm - 2:45 pm EST

Injunctive Relief Strategies and Evidentiary Challenges

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

This session examines when to pursue TROs and preliminary injunctions, focusing on the critical irreparable harm requirement and alternative approaches. Attendees will learn about expert witness considerations, emergency litigation challenges, and surprising insights from post-verdict juror conversations about credibility and demeanor.

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

clock 2:45 pm - 3:00 pm EST

Evolving Non-Compete Laws and Restrictive Covenant Trends

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

This session addresses the growing trend of state non-compete bans and how litigation focus is shifting toward trade secret and non-solicitation claims. Participants will explore creative alternatives employers are implementing, why sale-of-business non-competes remain intact, and important privacy considerations for protecting trade secrets.

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

01 04
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kyle Kroll

Winthrop & Weinstine, P.A

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Lisa Ellingson

Winthrop & Weinstine, P.A

Olga Rogne

Winthrop & Weinstine, P.A

Kyle Kroll

Winthrop & Weinstine, P.A

Kyle Kroll is a shareholder passionate about advocating for clients in high-stakes business disputes at both trial and appellate levels, with a particular focus on intellectual property and unfair competition matters.

Education & Credentials

Clerkship with The Honorable Joan N. Ericksen of the U.S. District Court for the District of Minnesota.

Recognition & Leadership

Has been recognized by jurists for his "excellent" advocacy and the "care and effort" brought to his cases. Has first-chaired three trials and presented arguments before the Minnesota Supreme Court and the Eighth Circuit.

Professional Involvement

Active in the legal community at both state and national levels.

Experience

Extensive litigation and appellate experience including leading trials and presenting arguments before high courts. His clerkship experience informed his ability to craft compelling case themes that resonate with judges, juries, and other key decision-makers.

Kyle Kroll

Winthrop & Weinstine, P.A

Kyle Kroll is a shareholder passionate about advocating for clients in high-stakes business disputes at both trial and appellate levels, with a particular focus on intellectual property and unfair competition matters.

Education & Credentials

Clerkship with The Honorable Joan N. Ericksen of the U.S. District Court for the District of Minnesota.

Recognition & Leadership

Has been recognized by jurists for his "excellent" advocacy and the "care and effort" brought to his cases. Has first-chaired three trials and presented arguments before the Minnesota Supreme Court and the Eighth Circuit.

Professional Involvement

Active in the legal community at both state and national levels.

Experience

Extensive litigation and appellate experience including leading trials and presenting arguments before high courts. His clerkship experience informed his ability to craft compelling case themes that resonate with judges, juries, and other key decision-makers.

Aimée D. Dayhoff

Winthrop & Weinstine, P.A

Aimée Dayhoff is a seasoned litigator known for her pragmatic, business-focused approach to legal disputes, handling matters from contract negotiations to litigation involving former employees.

Experience

Handles a variety of challenges including contract negotiations with vendors, litigation involving former employees, breach of contract, and misappropriation of trade secrets cases. Serves as outside general counsel to closely held businesses, offering day-to-day legal guidance.

Lisa Ellingson

Winthrop & Weinstine, P.A

Lisa Ellingson focuses her practice on the intersection of technology and the law, advising and representing clients in litigation involving trade secrets and technology commercialization agreements, as well as privacy and data protection matters.

Education & Credentials

Certified Information Privacy Professional/United States (CIPP/US) and Certified Information Privacy Manager (CIPM).

Recognition & Leadership

Frequently presents on topics related to privacy and data security.

Professional Involvement

Co-chairs Winthrop & Weinstine's Data Privacy and Cybersecurity Practice Group. Actively involved in the international Korean adoptee community and serves as a Regional Governor for the International Association of Korean Lawyers.

Experience

Litigation practice includes defending trade secrets and enforcing technology commercialization agreements for tech sector clients. Counsels clients on privacy and data protection matters, from developing website privacy policies to responding to data security incidents.

Olga Rogne

Winthrop & Weinstine, P.A

Olga Rogne is a Managing Associate who brings a journalist’s analytical rigor to her litigation practice, skilled at synthesizing complex details into compelling narratives for judges and juries.

Experience

Background in journalism that fuels her passion for client advocacy. Thrives on uncovering key facts, understanding the intricacies of clients' businesses, and building persuasive, original legal arguments. Skilled at translating legal nuance into clear, strategic advocacy in the courtroom.

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Special credits (Ethics, Elimination
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Why Attend

Why this 
program matters

Understanding trade secrets and non-solicitation enforcement in business sales is essential as practitioners must navigate high-stakes litigation with substantial damages awards and rapidly evolving state laws.
84%
Of federal trade secret cases that went to verdict since 2017 were decided in favor of the plaintiff, per Stout’s 2024 Trends in Trade Secret Litigation Report.
1.5k+
Federal trade secret cases were filed in 2025, hitting an all-time high since the Defend Trade Secrets Act was enacted in 2016.
18%
Of U.S. labor force participants are currently bound by noncompete agreements, with 38% having signed one at some point in their careers.
$716M
In actual damages were awarded by juries in trade secret cases that reached trial between 2023 and 2025, plus an additional $510 million in punitive damages.

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