Restricted Covenants – Issues in Litigation: Defense Perspective

Date
04/07/2016

Time
2:00 pm - 3:00 pm

Location
Harrah's Resort

On April 7, 2016 Labor and Employment group Co-Chair, John Schmidt will be a featured speaker at the New Jersey Association for Justice’s 2016 Boardwalk Seminar where he will present information on New Jersey restrictive covenants and non-compete agreements.

Employers use many types of restrictive covenants (like non-competes, non-disclosures and post-employment agreements) to guard intellectual assets, trade secrets, customer
information and other business information. These important tools can be vital for a business’s success. However, they must be drafted and executed with care – overly broad agreements or
agreements executed without proper counsel are certain to invite judicial scrutiny, especially during periods of high unemployment, and may ultimately be unenforceable.

Moreover, counsel must always keep damages in mind. While many employment agreement cases start with a request fo r injunctive relief, they can result in significant damages. Both
sides must consider damages when preceding with litigation.

Topics To Be Covered Include

  • Recent developments in the enforceability of restrictive covenants in New Jersey
  • Preparing and drafting effective and enforceable restrictive covenants
  • Concerns on the enforceability of restrictive covenants in foreign
    (outside New Jersey) jurisdictions
  • Common Law duties of loyalty and confidentiality
  • Quantifying Damages
  • Calculating Lost Profits
  • Liquidated Damages

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