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Description: Join us for a “hands on,” virtual roundtable discussion of challenges, options, and best practices when drafting and enforcing non-competes, non-solicits, and confidentiality agreements for employees in different states.
Topics to be covered include:
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An overview of recent statutory changes across the country
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The viability of “one size fits all” restrictive covenants and confidentiality agreements
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Administratively feasible solutions for nationwide employers
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Different considerations for different categories of employees
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Usage and legality of forum selection and choice of law provisions
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Alternatives to traditional non-competes, including “forfeiture for competition” clauses and garden leave
BIOS
Russell Beck is a business, trade secrets, and employee mobility litigator, nationally recognized for his trade secrets and noncompete experience. He was invited to the Obama White House to develop guidelines for the proper use of noncompetes, and has been cited as an expert on trade secrets and noncompetes by The New York Times, The Wall Street Journal, the White House, the Treasury Department, National Public Radio, the BBC World News Service, PBS Newshour, Le Monde, and many others.
Named a Lawyer of the Year in 2019 by Massachusetts Lawyers Weekly, and included in the Top 10 Lawyers in Massachusetts by Super Lawyers® in 2020, Russell and has over 30 years of experience as a complex business, trade secrets, and noncompete litigator, representing clients throughout the country.
Called “one of the foremost trade secret litigators in the country,” Russell is a recognized authority on the law of trade secrets, noncompetes, and employee mobility. In addition to revising language for the Massachusetts Uniform Trade Secrets Act, he wrote the law, wrote the book, and teaches the course on noncompetes in Massachusetts. His books include, Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019) and Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), and the course he created and teaches is Trade Secrets and Restrictive Covenants at Boston University School of Law.
Russell also writes and administers the award-winning Fair Competition Law blog and publishes and lectures frequently. He also prepared his firm’s widely used 50 State Noncompete Survey (the first of its kind and updated regularly since 2010) and the firm’s 50 State Trade Secrets Comparison Chart (also the first of its kind).
Russell is President of the Boston Bar Foundation. And, prior to founding the firm, Russell was a partner with Foley & Lardner LLP, where he was founder and chair of the Trade Secret/Noncompete Practice. Before that, he was a partner at Epstein Becker & Green, PC, and an associate at Reynolds Rappaport & Kaplan and at Simpson Thacher & Bartlett.
Peter Steinmeyer - When a highly valuable employee moves from one company to another, Pete Steinmeyer is an employer’s first call. Whether losing an employee to a competitor or hiring one away, companies trust Pete to respond at a moment’s notice with practical advice in plain English. Knowing he may only get one shot, he thrives in fast-paced, high-stakes environments while protecting a company’s most valuable data, trade secrets, and customer relationships. Pete diffuses stressful situations with humor and candor to help his clients decide what is truly important before they act.
Outside of his employee mobility practice, Pete counsels employers on responding to a wide variety of workplace challenges, including discipline and discharge. He also leads investigations of alleged workplace misconduct, such as harassment and retaliation. Through close communication and meticulous analysis of the details, Pete uncovers potential problems early. And when the facts show his client is in the right, he’ll fight to the end to prove it.
Erik Weibust - Companies of all sizes and in various industries call upon Erik Weibust for his practical and thoughtful advice—and his aggressive representation in high-stakes trade secret, non-compete, and commercial litigation.
Many of the world’s leading pharmaceutical, biotech, medical device, technology, financial services, staffing, and insurance companies look to Erik for thoughtful and practical advice concerning how best to protect their trade secrets and customer relationships from misappropriation by former employees, ex-business partners, competitors, and hostile actors in the United States and abroad, and to avoid liability when hiring from competitors. When necessary, clients rely on Erik for aggressive representation in litigation, where he has won substantial victories in court and at the negotiating table, including broad-reaching injunctive relief and multimillion-dollar payouts, in trade secret misappropriation, unfair competition, and breach of restrictive covenant cases.
In addition to his trade secret and restrictive covenant practice, Erik represents clients in commercial litigation matters, including franchise, distribution, and real estate disputes, to name a few. He has substantial case management experience from the early stages of litigation through the appeals process, including investigations, discovery, mediation, and trial and arbitration, as well as litigation avoidance.
His national litigation practice provides him with particular insight into how courts and arbitrators, in a variety of jurisdictions, analyze relevant issues, keeping him abreast of cutting-edge legal arguments, industry trends, and litigation strategies that he brings to bear in all of his representations. Erik regularly publishes articles and speaks locally and nationally about trade secret and restrictive covenant law, and he has been quoted on these topics in publications such as The Washington Post, Law360, and Ignites (Financial Times).
Before joining Epstein Becker Green, Erik was a Partner at an international law firm, where he served as co-chair of that firm’s Litigation Finance Task Force and co-chaired the Boston office’s Litigation Department. Before that, he clerked for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit.
 | | Practice Areas: | | Administrative Law & Regulation, Business Organizations & Contracts | | | Online Media Type: | | Audio | | | Production Date: | | 04/28/2022 12:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Russell Beck - Beck Reed Riden LLP, Boston | | • | Peter Steinmeyer - Epstein Becker Green | | • | Erik Weibust - Epstein Becker Green |
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