Speaking Engagement

Practical Tips for Drafting Noncompete Agreements and Related Restrictive Covenants

Blank Rome partner Leigh Ann Buziak will serve as a panelist at Practising Law Institute’s (“PLI”) Noncompetes and Restrictive Covenants 2022: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know, being held in New York, New York, on Thursday, September 29, 2022, from 9:00 a.m. to 5:15 p.m.

ABOUT THE PROGRAM

Noncompete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests. But, noncompete laws vary state by state, ranging from bans in California, Oklahoma, and North Dakota, to strong, pro-enforcement policies in Florida. And, while public opinion, evolving state legislation, emerging federal regulation, and trends in judicial review and enforcement are moving toward greater restrictions on the use of these agreements, the risks posed by employees who are not subject to restrictive covenants is increasing.

Understanding the changing landscape and its complications and implications is critical—particularly for companies engaged in business across state lines.

The program starts with a level-setting of basic noncompete law, and then delves into nuanced and advanced issues from the perspectives of the employee, the former employer, and the new employer.

Leigh Ann’s session, “Practical Tips for Drafting Noncompete Agreements and Related Restrictive Covenants,” will take place from 10:15 to 11:15 a.m. and will cover:

• Determining when to ask an employee to sign a noncompete
• Understanding the interstate implications of noncompetes for employees across state lines
• Evaluating the different options available to address employees working in other states
• Exploring when and how to use forum selection and choice of law clauses, and when they won't help
• Addressing the types and appropriate scope of restrictions for enforceable agreements for types and levels of employees
• Understanding why and how to maximize their enforceability for each type of agreement and level of employee
• Analyzing common drafting traps and how to avoid them
• Examining the interplay between geographic breadth and business description, especially in the digital age of remote and hybrid workplaces

Other program sessions include:

• Protecting Your Business in the Midst the Great Resignation While Anti-noncompete Legislation Builds
• Two Sides of the Same Coin: Managing a Key Employee Departure and Critical Hire
• Managing Liftouts: Legitimate Business Strategy or Unlawful Competition?
• Litigating Restrictive Covenant Cases after the Preliminary Injunction
• Ethical Issues in Noncompete Matters: Fulfilling Obligations to Clients and the Court While Avoiding Traps for the Unwary

CLE credit may be available.

PLI is a nonprofit learning organization dedicated to keeping attorneys and professionals at the forefront of knowledge and expertise, as well as preparing them to fulfill their pro bono responsibilities.

To register or for more information, please visit the program webpage.