October 11: The Future of Noncompetes: Balancing Business Interests and Regulatory Shifts

With noncompete agreements falling into disfavor with regulators on many levels, how can in-house counsel best protect their clients’ business assets? What types of restrictive covenants – or other types of restrictions – will survive the Federal Trade Commission’s proposed Non-Compete Clause Rule and the National Labor Relations Board’s opinion that certain noncompete agreements violate federal labor law? And because many states are following the lead of California, North Dakota, and Oklahoma and moving to restricting the circumstances in which employee noncompete agreements can be used, the options available to in-house and corporate counsel are more limited.
This webinar, intended for attorneys and other professionals who regularly advise on noncompetition agreements, will highlight a range of approaches businesses are taking to protect their workforce and competitive assets. 

With so much potential change in this area of law, our panel of experts will give up-to-date guidance on how they are dealing with national and state developments, and they will provide practical examples of how they are using the available tools, whether noncompete agreements or other types of contractual restrictions, going forward.
Learning Objectives include:

• Understand how counsel are working within the proposed regulation, guidance, and decisions from the FTC and NLRB, and at the state level, regarding employment-related noncompete agreements.
• Discuss strategies and issues to consider when drafting enforceable noncompete agreements to comply with agency rulings and state laws.

Who would benefit most from attending this program?

• In-house and law firm counsel who regularly advise companies on restrictive covenants, noncompetes, and/or other employment issues.
• Corporate counsel who manage employment agreements and advise on employment or business development issues.

Title:
The Future of Noncompetes: Balancing Business Interests and Regulatory Shifts
Webinar Date/Time:
October 11, 2023
1:00 PM EDT •12:00 PM CDT •11:00 AM MDT •10:00 AM PDT 

Register Now!
Cost:
Free
Credit:
1.0 GENERAL COA, 1.2 CLE, 1.0 AREAS OF PROFESSIONAL PRACTICE Most states and Canadian Provinces.
Speakers:

• Moderator: Denis Demblowski is a Senior Legal Analyst at Bloomberg Law who develops transactional practical guidance and analysis materials. He practiced in-house for 32 years at Alcoa Inc., a global manufacturing and industrial company, in such areas as compliance, corporate, executive compensation, finance, corporate governance, general commercial, international, M&A and securities. Denis is a graduate of Duquesne University and the University of Pittsburgh School of Law.
• Matthew Behrens is counsel in Shearman & Sterling’s Compensation, Governance & ERISA practice. He focuses on all aspects of compensation and benefits, including corporate, securities, employment and tax laws and ERISA. He advises both U.S. and non-U.S. companies on corporate governance and disclosure matters related to executive compensation, as well as employee issues implicated in mergers and acquisitions. He regularly counsels clients on equity-based incentives, deferred compensation programs and employment, retention and severance arrangements. Working closely with our funds group, Matt advises on the application of ERISA's plan asset, fiduciary and prohibited transaction rules to the structuring, operation, and administration of private investment funds and investment management arrangements. Prior to joining Shearman & Sterling LLP, Matt served as counsel to the pension and investment division of the New York State Common Retirement Fund.
• Richard Moore defends clients in federal and state court litigation arising from claims of wrongful termination and allegations of various forms of protected class discrimination, violations of the Family and Medical Leave Act, the Americans with Disabilities Act, and other statutory and common law claims. Rich also defends employers in workers’ compensation court appeals. He also both prosecutes and defends claims involving enforcement of noncompete agreements and allegations of misappropriation of trade secrets in state and federal court. While litigation is the focus of his practice, in advising clients, Rich leverages his experience in court to provide clients with practical advice and guidance with the aim of keeping them out of it. In addition, Rich’s practice includes conducting workplace investigations, providing entertaining and informative anti-discrimination and anti-harassment training for both companies and industry groups.
• Mary A. Smith is a principal in the New York City, New York, office of Jackson Lewis P.C. She serves as a trusted advisor to clients on a broad range of litigation and counseling matters, helping them to understand how developing workplace issues and trends impact their businesses. Mary defends employers against claims of discrimination (gender, race, age, disability and national origin), sexual harassment, retaliation, breach of contract, misappropriation of confidential information and related tort claims. She defends employers in state and federal courts, in arbitral forums such as AAA and administrative agencies such as the Equal Employment Opportunity Commission, New York State Division of Human Rights, and the New York City Commission of Human Rights. As a member of Jackson Lewis’ Restrictive Covenants, Trade Secrets and Unfair Competition group, she regularly drafts and reviews employment agreements, confidentiality agreements, and noncompetition agreements, and handles related litigation. Mary is also a member of Jackson Lewis’ Financial Services, Real Estate, Healthcare, and Technology industry groups and is well versed in the workplace issues unique to those industries.

By:
Bloomberg Law

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