Non-Compete and Non-Solicitation Agreements: Latest Legal Developments

6/5/2024 10:30 am - 12:00 pm

Hiring a competitor’s employee and being threatened by a new hire’s former employer can be challenging.  There are many myths and misconceptions tied to employee non-compete and non-solicitation agreements.  Additionally, many employers (and employees) lose sight of significant risks related to trade secrets and confidentiality obligations.  Finally, many changes to state laws, including recent amendments to the Illinois Freedom to Work Act, as well as potential federal regulation of non-competes, add further complexity to these decisions.  


In this webinar, Jeff Glass from the law firm of Amundsen Davis LLC will identify the risks and issues that Illinois employers face, and provide up to date, common sense advice for limiting the risk and protecting your company from the perspective of the hiring employer.  Attorney Glass will also address what can be deemed an effective and lawful restrictive covenant under IL law, and what employers should know concerning their own workforce.


Specific topics include:


●  How to determine whether a potential hire’s restrictive covenant is enforceable, including an explanation of recent Illinois statutory amendments that establish new rules for the enforceability of restrictive covenants.


● Potential federal regulation of non-competes and the impact it would have on these decisions.  


●  How to place appropriate “guardrails” in place so that an employee can be hired even if he or she has enforceable restrictive covenants.


●   Evaluating whether the potential hire possesses trade secret information, and steps the employer can take to minimize the risk that such information is improperly used or disclosed.


●  An overview of the legal claims that employers could face by a new hire’s former employer, including tortious interference with business relationship, state and federal trade secret misappropriation, and the inevitable disclosure doctrine.


●  Agreements that the new hire can sign which can help insulate the new employer against liability if the new hire engages in wrongful conduct.


● Legal issues presented if the employer is considering having the new hire help recruit his or her former colleagues at the competitor.


●  Steps the employer can take to minimize the risk that its competitors will seek to hire its employees. 

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