Negotiating Non-Compete Agreements

About the Course:

Don't even think about presenting or executing a non-compete agreement without listening to this webinar. Non-Compete Agreements are no longer an issue that only key employees have to grapple with. The number of employees covered by non-compete agreements is rising rapidly. Non-Compete agreements are reaching less tenured and less critical employees. While commonly associated with the hi-tech sector, a growing number of industries are embracing non-competes.

This unique session discusses how non-compete agreements help companies protect trade secrets as well as retain customer relationships and employees. The program also discusses vulnerabilities of non-compete agreements such as litigation risks and invalidity challenges presented by a variety of states. Attendees are walked through actual language used in non-compete clauses. The following are among the other issues addressed during this fascinating webinar:

  • When is the best time for sought-after employees to negotiate non-compete agreements?
  • How can the requirement to give advance notice of departure or the requirement to inform perspective employers of restrictions be negotiated?
  • Is the notion of public interest determinative in the validity of non-competes?
  • What is the significance of irreparable injury in determining damages for violating non-compete agreements?
  • What is the disposition of non-compete agreements when employers are acquired?
  • How is the enforceability of non-compete agreements impacted when the employer company winds down its operations?
  • To what extent can employees rely on judges to invoke their right of the Blue Pencil to rework inequitable non-compete agreements?
  • What are the pros and cons of including non-competes, non-solicitations and confidentially agreements in one legal document?
  • What is the level of difficulty of obtaining injunctions to force an individual to cease rendering services in a manner deemed competitive?
  • What are the risks to an employer in inserting fee shifting clauses into non-compete agreements?
  • What do you need to know about Garden Leave Provisions?
  • In which industries is it nearly impossible to enforce restrictive covenants?
  • What are some of the precautions a new employer should take before hiring an employee that is bound by a non-compete?
  • What do you need to know about non-compete agreements in the context of acquihires?

Course Leader: Richard C. Schoenstein, Partner, Satterlee Stephens Burke & Burke LLP

Rich Schoenstein is an advocate and litigator, and a partner of Satterlee Stephens Burke & Burke LLP. He has been handling business and employment disputes for more than 20 years, including: trials and appeals; arbitration and mediation; and internal and external investigations. Among his many substantive areas of experience are:

  • Commercial and employment contracts
  • Fraud, breach of fiduciary duty and other business torts
  • Restrictive covenants and employee mobility
  • Employment discrimination claims defense
  • Securities fraud and other financial services matters
  • Professional liability matters, representing brokers, accountants and attorneys
  • Insurance and reinsurance
  • Law firm partnership and partner mobility

Course Length: Approx. 1.0 hours


Purchase Now:

Need help purchasing this course? Please contact Neomi Barazani at 609-919-1895 ext. 100 or at