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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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