Restrictive Covenants & Trade Secrets - 3 CLE - October 22
Restrictive Covenants & Trade Secrets:
What Every Practitioner Needs to Know
3 CLE - Thursday, October 22
9:00 A.M. - 12:15 P.M.
ICLEF Conference Center, Indianapolis
Overview:
This ICLEF program offers a three-part substantive examination of restrictive covenants and trade secret law in employment, with primary focus on Indiana law alongside noteworthy developments in other states and at the federal level.
Topics:
Part One: From Offer Letter to Obligation — Fundamentals of Restrictive Covenant Law and Emerging Issues
This section addresses the foundations of employment restrictive covenants — including non-compete, non-solicitation, and non-disclosure provisions — and the standards governing their enforceability. It covers Indiana’s common law jurisprudence interpreting restrictive covenants as well as Indiana’s statutory framework for physician non-competes. Additionally, this section provides an overview of the federal regulatory landscape and noteworthy state trends, including Delaware’s recent case law concerning choice-of-law and forum-selection clauses in restrictive covenant agreements.
Part Two: From Formula to Filing — Trade Secret Protection and Misappropriation
This section addresses the elements required to establish and maintain trade secret protection under the Indiana Uniform Trade Secrets Act and analogous federal law under the Defend Trade Secrets Act—areas in which filings and damages awards have reached record highs—with attention to misappropriation standards, burden of proof, trade secret identification timing, reasonable protective measures, recent damages trends, and emerging risks to trade secret protection posed by generative artificial intelligence tools. This section also addresses related claims, including breach of fiduciary duty and tortious interference with contractual or business relationships.
Part Three: From Contract to Courtroom — Drafting and Litigating Restrictive Covenants and Trade Secrets
This concluding, practice-oriented section addresses the practical application of the substantive principles covered in Parts One and Two, providing drafting and litigation guidance. Litigation topics will address strategies for both plaintiffs and defendants, including pre-suit considerations, approaches to gathering and preserving evidence, and general litigation tips and caveats.
Faculty:
David A. Given — Faegre Drinker Biddle & Reath LLP, Indianapolis
David Given concentrates his practice in employment and labor law and commercial litigation. He counsels and represents businesses in a wide range of employment and labor law matters, including employment litigation involving noncompetition agreements, trade secrets, wrongful termination and discrimination claims; employment law counseling; supervisor training; defending charges before the EEOC and other administrative agencies; union avoidance; labor arbitrations; and drafting employment agreements. In addition, he has substantial experience in commercial litigation, including business torts, contract and real estate matters.
Scott S. Morrisson — Krieg DeVault LLP, Carmel
Scott Morrisson counsels clients and litigates disputes involving a wide range of civil and commercial litigation matters. Particular areas of focus include business and contract disputes, employment law, corporate shareholder disputes, banking liability, insurance coverage issues, personal and business torts, and ESOP related litigation. Mr. Morrisson has served as lead counsel in numerous jury trials, bench trials, preliminary injunction hearings, and arbitrations in state and federal courts and arbitration bodies throughout the country, including Indiana. He routinely resolves cases through motion practice and mediation as well.
Catie A. Wheatley — Faegre Drinker Biddle & Reath LLP, Indianapolis
Catie Wheatley helps financial institutions, health care companies and other organizations resolve business and employment disputes. Clients rely on her to make sense of the constantly changing legal consequences of human nature in the employment context, identify legal risks and solve their problems. As well as knowing current legal trends and authority, Catie takes the time to understand clients’ unique business needs to offer tailored recommendations.
ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN • Premier Indiana CLE
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