Employee Mobility and Trade Secrets

This presentation will explore legal issues that arise when employees move from one company to a competitor. The panel will discuss criteria courts use to determine the enforceability of non-compete agreements, as well as tips for drafting, or avoiding the application of, restrictive covenants. The experts also will share their thoughts on strategic and practical considerations when a contingency-fee plaintiff unexpectedly becomes a defendant accused of trade-secret misappropriation or breach of a restrictive covenant. In addition, the panelists will focus on the theft of intellectual property by departing employees, including those who leave for a foreign competitor, and various tools available to prosecutors and companies to combat this theft.