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Covenants Not to Compete and Trade Secrets

Date: Wednesday, June 13, 2018
Time: 1:00 - 2:30 pm EST
Length: 90 minutes

Sponsored by Lorman Education Services

Registration for Session Only: $199.00

Registration plus Session Recording and Written Materials: $268.00


Learn to protect your clients' confidential business information - get practical tips for using restrictive covenants and trade secret agreements.

This topic provides an overview and general principles of the law and legal theories related to protecting competitive business interests and confidential business information through restrictive covenants and trade secret law - two of the fastest growing areas of intellectual property law outside of traditional patent, copyright and trademark concerns.

Topics covered include covenants not to compete, nonsolicitation agreements, confidentiality and nondisclosure agreements, noncompete/nonsolicitation agreements in business-to-business settings, multistate drafting concerns with restrictive covenants, trade secret identification and misappropriation, the Uniform Trade Secrets Act and related statutes and much more.

This material will also address various client counseling strategies and provide certain practice tips when applying legal issues to typical situations confronted in this rapidly developing area of law.

Areas Covered in the Session:

Covenants Not to Compete

  • Legal Requirements
  • Blue Penciling Doctrine and Severability Clauses
  • New Employee vs. Current Employee
  • Defining Competition
  • Choice of Law and Forum Selection
  • Movement Toward Statutory Construction
  • Multistate Drafting Concerns
  • Business-To-Business Settings and Independent Contractors
  • Assignment of Noncompete Agreements

Nonsolicitation Agreements

  • Legal Requirements
  • Primary Differences With Covenants Not to Compete
  • Nonsolicitation of Customers/Employees

Trade Secrets

  • Definition
  • Uniform Trade Secrets Act
  • Common Law Restatement (First) of Torts
  • Trade Secret Claims: Identification and Misappropriation
  • Trade Secrets vs. Merely Confidential Information
  • Inevitable Disclosure Doctrine
  • Reverse Engineering and Independent Development
  • Statutory Preemption of Other Claims
  • Federal Economic Espionage Act and Amendments
  • Trade Secret Protection Programs
  • Confidentiality and Nondisclosure Agreements
  • Assignment of Inventions Agreements

Credit Information (Sponsored by Lorman Education Services):

  • CLE
  • NALA
For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

Instructor Profile:

Kenneth P. Carlson, Jr., Constangy, Brooks, Smith & Prophete, LLP

  • Partner with Constangy, Brooks, Smith & Prophete, LLP in Winston-Salem, North Carolina
  • Practices employment law and litigation, trade secret and unfair competition litigation, drafting employment and noncompetition agreements, and wage and hour law and related fields
  • Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law
  • Consistently listed in Best Lawyers in America for employment law and alternative dispute resolution
  • Certified mediator and arbitrator with emphasis on mediating and arbitrating employment-related disputes, covenants not to compete and trade secret issues
  • Adjunct professor at Wake Forest University School of Law
  • J.D. degree, Wake Forest University School of Law; Master of Divinity degree, Yale University
  • Can be contacted at 336-721-6843 or

(Not available outside the US)