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The course book and DVD of this July 8, 2010 3.3-hour program by
Michael J. Hutter, Esquire, provide a comprehensive and useful description of
how to enforce covenants entered into by employees. Mr. Hutter is Professor of
Law at Albany Law School and Special Counsel to the Albany law firm of Powers &
Santola, LLP.
Major topics include:
üThe Problem
üTypes Of Restrictive Covenants
• not to compete, not to solicit, not to disclose
• not to "raid"
üEstablishing The Validity Of The
Covenant Not To Compete
• general requirements
• protectable interests
• time, geographical and activity limitations
üEnjoining The Ex-Employee Who Violates
A Valid Covenant Not To Compete
üIBM v. Johnson
üAmerican Airlines v. Imhot
üCommon Defenses; Framing The Injunction
üRecurring Litigation Issues
• controlling law and forum
• identifying the trade secret
• protective orders
• discovery issues
üAdditional Claims
üRelated Concerns
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