Your Top Talent Walks Out the Door: Now What?

Date(s) of Presentation
June 9, 2010

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As the economy begins to bounce back, many companies are taking advantage of the opportunity to lure away top talent from their competitors. At the same time, entrepreneurial employees are themselves setting up competing businesses on your "nickel". On top of all of that, when these employees depart, many are taking with them trade secrets and using unlawful techniques to steal away your customers. does any of this sound familiar?

The challenge when managing this dilemma is that the laws in this area vary greatly from jurisdiction to jurisdiction. Some states enforce non-competes and others don't. Some courts will issue temporary restraining orders and others are very reluctant to do so. This session will offer practical and concrete strategies to help minimize these problems throughout the U.S. and Canada. The speakers will focus on:

  • Drafting and enforcing restrictions on employee competition when doing business in multiple jurisdictions at one time
  • How the "duty of loyalty" can be used to stop your employees from setting up competing businesses while still employed by you.
  • What you can do to minimize the risk that your employees will walk out the door with your trade secrets
  • How to stop your competitors from engaging in unfair competition.

Speakers for "Your Top Talent Walks out the Door: What Now" include:

  • Linda H. Joseph, Moderator, Schröder, Joseph & Associates, Buffalo, NY
  • Betty S.W. Graumlich, Reed Smith, LLP, Richmond, VA
  • Steven M. Gutierrez, Holland & Hart LLP, Boulder, CO
  • Gregory J. Heywood, Roper Greyell, Vancouver, British Columbia,
  • Andrew H. Smith, Senior Counsel, Citigroup, New York, NY
  • Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE