As part of Seyfarth’s 2026 Trade Secrets Webinar Series, our panel presented Protections Beyond Non-Competes, exploring practical strategies employers can use to protect their confidential information, trade secrets, customer relationships, and workforce investments as restrictions on the use and enforceability of non-compete agreements continue to evolve.
Dan Hart, Beth Sherwood, and Travis Cashbaugh of Seyfarth Shaw LLP discussed the evolving landscape of restrictive covenants and the tools employers can use to protect their business interests beyond traditional non-compete agreements. The panel examined contractual alternatives, including confidentiality and non-disclosure agreements, employee and customer non-solicitation provisions, garden leave arrangements, term employment agreements, and forfeiture-based protections, as well as practical measures organizations can implement throughout the employee lifecycle.
View the Recording – CLE credit for this recording expires on October 14, 2027. Please refer to the program description for jurisdiction-specific details and deadlines.
Key Takeaways
Start by Identifying the Interest Being Protected
When developing tools to protect business interests, start with identifying the interest being protected. Identify whether the concern is confidential information, customer or employee relationships, or a specific business investment, then tailor the protection to the employee’s role and actual risk.
Focus on Practical Effect, Not Labels
An NDA, forfeiture provision, clawback, or repayment obligation may receive non-compete-like scrutiny if it is overbroad, punitive, or effectively prevents an employee from changing jobs. At the same time, these covenants may need to be layered with each other or combined with non-competes to meet protective goals most effectively. Jurisdictions matter when making these strategic decisions.
Employ Practical Measures for Trade-Secret Protection Throughout the Employee Lifecycle
Reasonable measures should be visible from recruitment and onboarding through daily operations, transition, offboarding, and incident response. NDAs and other restrictive covenants alone are not enough without access controls, training, monitoring, and consistent enforcement.
Make Onboarding and Offboarding Evidence-Generating Processes
Document instructions not to bring a prior employer’s information, use role-appropriate access controls, and move quickly at departure to preserve evidence, recover property, disable access, and obtain return-and-deletion certifications.
Build One Coordinated Protection Program
The strongest strategy combines tailored contracts, operational and technical controls, a protection-minded culture, and a credible response plan owned collectively by Legal, HR, IT, Security, and business leadership.
Final Thought
As the legal landscape surrounding non-compete agreements continues to evolve, employers should consider a coordinated approach to protecting their key business interests. Identifying the specific interests at risk and combining tailored contractual protections with practical, operational, and technical safeguards throughout the employee lifecycle can help organizations protect confidential information, important relationships, and business investments.
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