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Attorneys from Barnes & Thornburg will review what employers need to know about noncompetes and trade secret protection and how different states approach the issues.

How State Laws Drive Noncompete Strategy

  • Why other states' laws are more important than you think
  • Is continuing employment sufficient consideration?
  • Will the court modify the agreement to make it enforceable?
  • State law statutory and judicial developments in the last year

Drafting and Administration

  • How aggressive should you be in setting restrictions?
  • How do you handle the differences between states?
  • How do you phase in noncompetes with current employees? 

Enforcement Strategy

  • Do you have to go after every violation?
  • Should you send a cease and desist letter first?
  • How quickly should you act?
  • Everybody wants a TRO: Reasons to win the war at a preliminary injunction hearing on trade secret issues
  • The Uniform Trade Secrets Act and differences among states
  • Federal Defend Trade Secrets Act After Two Years: The Impact

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