Many employers use and view restrictive covenants as a tool to retain employees, keep ex-employees from competing, and protect trade secrets and confidential information. However, courts often strike-down non-compete agreements and other types of restrictive covenants for a variety of reasons, often expecting non-competes to be limited in duration and geographic scope. But what does geographic scope mean in an industry like transportation? And does restricting where and how your former employees can work really serve your business? Finally, can anything be done to restrict the actions of independent contractors who may come into confidential and valuable business knowledge during the course of their work, even though they aren't employees? Attend this session to:

  • Analyze a survey on the enforceability of various restrictive covenant-type agreements throughout the country, and how they vary by state and region
  • Gain an overview of the fundamental policies behind what seems to be an increasing reluctance to enforce these types of agreements
  • Hear best practices when developing these types of agreements, including different handling for different roles within an organization
  • Learn how to handle being on the "other side" of a restrictive covenant, either as a departing employee or a prospective new employer
  • Learn ways to protect your competitive edge and enforce intellectual property rights with or without an agreement