We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets.

Here are the key takeaways from the webinar:

  • State legislatures and federal agencies continue to take aim at non-competes, so employers should consult with knowledgeable counsel and draft agreements that are not broader than necessary. Perhaps most notably, the FTC is on the cusp of announcing a rule regarding non-compete enforceability which is expected to ban virtually all such agreements (although we anticipate any such rule will be challenged in court almost immediately).
  • Even without legislation, court decisions continue to evolve the non-compete landscape, as seen in Delaware’s trend against reforming overbroad agreements (even in the sale of a business context).
  • While non-competes are the main focus, even non-solicits and non-disclosure agreements may be invalidated under various statutes, federal rules, or court decisions if they are deemed too broad.

To view the webinar recording, click here.