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Effective Use Of Employee Restrictive Covenants
Effective Use Of Employee Restrictive Covenants


Flash Drive Containing .mp3 Audio File and .pdf Course Book File

In this November 3, 2017 3.3-hour presentation, Michael J. Hutter, Esquire, provides a useful explanation of how to use employee restrictive covenants to protect a business's confidential information including non-competition and non-solicitation covenants. He is a Professor of Law at Albany Law School, Albany, New York, where his courses include restrictive covenants, and is also Special Counsel to the Albany, NY law firm of Powers & Santola, LLP.

Major topics include:
The "Problem"
- "faithless" departing employees; protecting against theft and unauthorized disclosure by them
- emerging and emerged concerns about restrictive covenants
Restrictive Covenants: Non-Competition And Non-Solicitation
- extensive law; enforceability
Initial In-House Steps
Negotiation Of The Covenant
Drafting The Covenant
- definitions
- "blue pencil"
- reasonableness of length, geography, etc.
- "savings" clause
- choice of forum and law clauses
- assignability clause
- tolling and termination clauses
- employee choice doctrine; arbitration clause
Illustrative Cases
Enforcement Program
- during employment
- termination of employment
Enforcement Litigation
Other Covenants
- not to raid
- not to disclose
- not to hire or "poach"
Summary Advice

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