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Davis & Gilbert Labor & Employment Breakfast Seminar
Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants

July 2014

Departing employees are in a unique position to help competitors unfairly compete if they take confidential information, clients, or other employees to their new employer. Accordingly, restrictive covenants, which limit employees' ability to perform certain activities after their employment terminates, can be powerful tools for employers to protect their legitimate business interests.

However, courts in various states have placed limitations on the types of activities employers can restrict, and what constitutes adequate consideration for employees' promises in those agreements.

It is, therefore, crucial for employers to evaluate their restrictive covenant agreements to ensure that they will be able to protect their business interests from the actions of former employees.

This seminar will address:

  • What types of post-employment restrictions are available to employers, and which ones are most likely to be enforced?
  • Is continued employment still sufficient consideration for a restrictive covenant agreement?
  • Can employers rely on a savings/severability clause to save an otherwise overbroad restriction?
  • Does it matter if an employee is terminated without cause?
  • What is the state of the inevitable disclosure doctrine?

Gregg A. Gilman, Labor & Employment, Partner/Co-Chair>>
Gregg Brochin, Labor & Employment, Partner >>
Shira Franco, Labor & Employment, Counsel >>
David Fisher, Labor & Employment, Associate>>

Registration and Breakfast: 8:30 - 9:00 a.m.
Seminar: 9:00 - 10:30 a.m.

Davis & Gilbert LLP
1740 Broadway, 19th Floor
(between 55th and 56th Streets)
New York City

Cost: Free   Legal and HR CLE Credits: 1.5

Target Audience: Senior Management, In-House Counsel and Human Resource

RSVP: July 25, 2014
Katheryn Purisima
kpurisima@dglaw.com / 646.673.8318