Noncompetes & Other Restrictive Covenants

Foley Partner Russell Beck will be speaking at an MCLE in-person program titled “Noncompetes & Other Restrictive Covenants” on June 9, 2009 in Boston, MA.

Trade secrets, confidential information, and goodwill generally rank among a company's most valuable assets. They are, however, exposed to substantial risk of loss if not properly protected. Although the need for enhanced protections is even greater in the current economy than ever before, recent case law suggests that the tools available to protect these assets will be subject to a heightened level of scrutiny. Accordingly, it is critical to understand the tools used to protect these assets, their respective advantages and limitations, and their inter-relationship.

This program explores the proper design and implementation of an enforceable trade secret, confidential information, and goodwill protection program. The experienced faculty teach you how to assess what measures are necessary to protect trade secrets, confidential information, and goodwill; proper drafting and use of the tools available to protect those assets; how to respond to an actual or threatened misappropriation of those assets; and how to defend against allegations of misappropriation. The panelists provide perspectives from the bench, in-house counsel, and the bar.

Topics include:

• The nuts and bolts of, as well as advanced issues in, the current law of noncompete agreements and related restrictive covenants
• Trends in noncompete law, including pending legislation and the effect of current economic conditions
• How to establish a proper program for the protection of trade secrets, confidential information, and goodwill
• Common mistakes in drafting restrictive covenants, and how to avoid them
• Best practices for enforcement of, and defense against enforcement of, restrictive covenants

For more information, please visit the MCLE Web site.