Michael Fortunato Coordinates Program for PBI on Restrictive Covenants and Trade Secrets

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Michael J. Fortunato

January 22, 2018

Emerging Issues in Restrictive Covenants and Trade Secrets

Promoting the Vitality of Protecting Confidentiality While Passing Harsh Judgments on Restrictive Covenants: All Rhyme, No Reason?

Wednesday, January 24, 2018
9am to 12:15pm
Philadelphia, The CLE Conference Center, Wanamaker Building
Simulcast in other cities

Approved in PA for three substantive CLE credits

Michael J. Fortunato, Esquire
Jennifer P. Snyder, Esquire, Dilworth Paxson LLP
Michael P. Avila, Esquire, Fisher & Phillips LLP
David J. Walton, Esquire, Cozen O’Connor

Go to pbi.org to register.

Federal and state legislatures have developed a certain stark inconsistency when addressing trade secrets and the protection of confidential and proprietary information.  While enacting the Defend Trade Secrets Act and tightening trade secret protection and enforcement, federal and state governments are simultaneously attacking and scrutinizing employee noncompetition agreements and other post-employment obligations.  Why the imbalance?  Join us to explore the current state of trade secret enforcement, a discussion on the demise of the restrictive covenant, and practical enforcement and defense advice.

Program schedule

9:00 – 10:00
Growth of Trade Secret Protections

  •  Historical context of protecting trade secrets
  • Current evolvement
    • Defend Trade Secrets Act (DTSA)
    • Uniform Trade Secrets Act (UTSA)
    • Other statutes
  • Discussion of recent cases
  • Emerging issues
  • Cross border

10:00 – 11:00
The Demise of the Restrictive Covenants

  • Historical purpose and enforceability
  • Confidentiality and nondisclosure agreements
  • Nonsolicitation of customers and employees
  • Consents to injunctive relief
  • Drafting restrictive covenants
  • Are restrictive covenants being misused?
  • Banning restrictive covenants for categories of workers
  • Unenforceable for workers terminated without cause
  • New state non-compete statutes
  • Non-compete agreements under siege at the state level
  • Choice of law/forum selection
  • Emerging issues

11:00 – 11:15

11:15 – 11:45
Injunctive Relief Practice

  • Complaint
  • Motion
  • Memorandum of law
  • Affidavits
  • Federal or state court
  • Forensic review

11:45 – 12:15
Public Policy Considerations

  • Limiting the use of restrictive covenants to promote employee mobility versus a Nation’s trade secrets under siege
  • Computer forensic investigations


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