Annual Review: Non-Compete and Trade Secret Protection for Employers

Make sure you are keeping up with unprecedented developments across the United States. Experienced Barnes & Thornburg litigators will review what employers need to know about non-competes and trade secret protection, and how different states approach the issues.

How State Laws Drive Non-compete Strategy

• Why other states’ laws are important

• Is continuing employment sufficient consideration?

• Will the court modify the agreement to make it enforceable

• Recent state law developments 

Drafting and Administration

• How aggressive should you be in setting restrictions?

• How do you handle the differences between states?

• How do you phase in non-competes with current employees?

Enforcement Strategy

• Do you have to go after every violation?

• Should you send a cease-and-desist letter first?

• How quickly should you act?

• Everybody wants a TRO: Reasons to win the war at a preliminary injunction hearing instead

Status and Potential Impact of FTC and NLRB Rule-Making on Non-competes

Trade Secret Developments