Gain an understanding of covenant not to compete and trade secret cases, as well as litigation strategies for these types of cases.
Litigating covenant not to compete and trade secret cases is one of the most challenging and fastest-growing areas related to employment, unfair competition, and intellectual property law outside of traditional patent, copyright, and trademark concerns.
This presentation provides an overview of general and specific principles regarding covenant not to compete and trade secret litigation, with specific emphasis on case analysis and litigation strategies, pleading claims and defenses, TROs and preliminary injunctions, cease and desist letters, discovery and depositions, protective orders and confidentiality concerns, and trials and settlement negotiations. The information will also address various client counseling strategies and provide numerous practical tips regarding typical situations often confronted in this highly nuanced and rapidly developing area of law.
Agenda
Covenants Not to Compete and Trade Secret Overview
- Current State of the Law
- Noncompetition and Nonsolicitation Agreements - Primary Enforcement and Litigation Concerns
- Trade Secret Law - Trade Secret Status and Primary Litigation Concerns
Covenants Not to Compete and Trade Secret Litigation
- Pre-Litigation Analysis and Strategies
- Specific Issues - Noncompetition and Nonsolicitation Agreements
- Specific Issues - Trade Secret Matters
Litigation Process
- Developing a Strategy
- Identifying Claims and Defenses
- Filing and Defending a Lawsuit
- Protective Orders and Confidentiality Concerns
- Discovery and Depositions
- Dispositive Motions and Injunction Hearings
- Trials
Settlements
- Whether and When to Discuss Settlement
- Mediation and Lawyer-To-Lawyer Negotiations
- Litigation Goals vs. Reasonable Compromise
- Drafting the Settlement Agreement
Strategic Outline
- Think First - Act Second
Speakers
Kenneth P. Carlson, Jr.,
Constangy Brooks, Smith & Prophete LLP- Partner with Constangy Brooks, Smith & Prophete LLP in Winston-Salem, North Carolina
- Practices employment law and litigation, trade secret and unfair competition litigation, drafting employment and noncompetition agreements, FLSA and wage/hour issues; majority of practice now involves serving as a mediator for cases in those areas of law
- Consistently named to North Carolina Super Lawyers and Business North Carolina’s annual Legal Elite for employment law and/or alternative dispute resolution
- Consistently listed in Best Lawyers in America for employment law and/or alternative dispute resolution
- Certified mediator with emphasis on mediating employment-related disputes, covenants not to compete and trade secret issues, FLSA and wage/hour issues, and ERISA denial of benefits cases
- Adjunct professor at Wake Forest University School of Law
- J.D. degree, Wake Forest University School of Law; M.A. degree of divinity, Yale University
- Can be contacted at 336-721-6843 or kcarlson@constangy.com
Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
