Labor & Employment

4.41

Non-Compete and Non-Solicit Agreements: New Case Law, Recent Changes, and Best Practices

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Alabama CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Idaho CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
OnDemand
2 hours 56 minutes
Douglas Desmarais
Jeff Weintraub
Martin Thompson
With Douglas W. Desmarais from Smith & Downey, P.A. + 2 others
Recorded January 29, 2024
Product ID 97869

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Overview

Stay on Top of New Developments

This legal update summarizes the most significant changes concerning non-compete and non-solicit agreements and provides you with essential drafting techniques. Get an overview of recent shifts in federal and state law, identify key provisions you need to include in a non-competition agreement, and delve into special considerations for global and multi-state employers. Register today!

  • Find out what's on the horizon - explore proposed rules and new case law developments.
  • Get a rapid-fire update on current changes in state laws concerning non-competes.
  • Analyze best practices for crafting non-competition and non-solicitation clauses.
  • Discover the top mistakes that result in unenforceability.

Abbreviated Agenda

  1. Future Outlook: Proposed Rules, Enforcement, and Notable Case Law
  2. Notable Developments in State Laws
  3. Best Practices for Drafting Non-Compete and Non-Solicit Agreements in 2024
  4. Multi-State and Global Employers: Top Considerations in 2024
  5. Top 10 Mistakes That Lead to Unenforceability

Related Topics

Product ID 97869

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Alabama CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Idaho CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Future Outlook: Proposed Rules, Enforcement, and Notable Case Law

    1. Federal and State Law Overview
    2. The FTC's Proposed Rule: Background, Purpose, Exceptions, and Other Key Components
    3. Top Concerns and Expected Legal Challenges
    4. Where Do We Go From Here? Next Steps for Businesses
    5. Recent Trends and Case Law Update

  2. Notable Developments in State Laws

    1. Necessity of Restrictions Based on Scope, Geography, and Time
    2. The Ability of the Courts to "Blue Pencil" Agreements
    3. Limits on Restrictions Based on Job Position
    4. Sandwich Maker Non-Competes and Other Indigestions

  3. Best Practices for Drafting Non-Compete and Non-Solicit Agreements in 2024

    1. Determining Who Should Be Required to Sign: What You Must Know
    2. Duration of the Agreement: Why It Matters
    3. Drafting Reasonable Restrictions
    4. Choice of Law
    5. Consideration
    6. Common Exclusions; Additional Clauses to Consider

  4. Multi-State and Global Employers: Top Considerations in 2024

  5. Top 10 Mistakes That Lead to Unenforceability

Who Should Attend

This program is designed for attorneys. HR professionals, accountants, and paralegals may also benefit.

Speakers

Douglas W Desmarais
Douglas W.
Desmarais
Smith & Downey, P.A.
Jeff Weintraub
Jeff
Weintraub
Fisher & Phillips LLP
Martin F Thompson
Martin F.
Thompson
Fisher & Phillips LLP
Speaker bio
Douglas W Desmarais

Douglas W. Desmarais

Smith & Downey, P.A.
Douglas Desmarais

is a partner with Smith & Downey, P.A., where his practice deals with all aspects of employment relationships, with particular emphasis on educating employers about the many labor and employment laws that govern the workplace, and helping employers comply with these laws, thus avoiding costly and time-consuming litigation. Additionally, Mr. Desmarais has extensive experience in representing clients before the EEOC, DOL, OFCCP, NLRB, and numerous other federal, state and local agencies and courts. He is a member of the Maryland State Bar Association and District of Columbia Bar Association. Mr. Desmarais earned his B.A. degree from Brigham Young University, his J.D. degree from the University of Maryland School of Law and his LL.M. degree in labor law from Georgetown University School of Law.

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Speaker bio
Jeff Weintraub

Jeff Weintraub

Fisher & Phillips LLP
Jeff Weintraub

is senior counsel in the Memphis office of the management-side employment and labor firm Fisher & Phillips LLP. He represents employers in jury trials involving employment discrimination, harassment, whistleblower lawsuits, FLSA collective actions, and labor cases in all courts, including the U.S. Supreme Court and government agencies such as the EEOC and the NLRB. Mr. Weintraub is licensed in Tennessee, Mississippi, Arkansas and Missouri. He teaches the labor and employee relations segment in SHRM’s HR Certification Course, and trains supervisors in such matters around the U.S. Mr. Weintraub earned his B.S. degree from the University of Memphis and his J.D. degree from the University of Memphis School of Law.

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Speaker bio
Martin F Thompson

Martin F. Thompson

Fisher & Phillips LLP
Martin Thompson

is senior counsel in Fisher & Phillips LLP's Memphis office. He has been representing management exclusively in the field of labor and employment law for over 45 years. Mr. Thompson's practice includes all aspects of labor and employment laws and labor relations. He is admitted to practice in Tennessee and before the Tennessee Court of Appeals, Tennessee Supreme Court, and the U.S. Court of Appeals for the Sixth Circuit. Mr. Thompson is a member of the Memphis Bar Association (Labor and Employment Section), American Bar Association (Labor and Employment Section) and Tennessee Bar Foundation (fellow). He earned his B.A. degree, cum laude, from Memphis State University and his J.D. degree from the University of Memphis School of Law.

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