Miguel Pozo, a member of the firm's Commercial Litigation Department, moderated "It's So Hard To Say Goodbye - Enforcing Restrictive Covenants Against Former Employees" for the Network of Trial Law Firms. Employees are changing positions like numbers in a 15 Puzzle and when they go, they take with them trade secrets, customer lists, and other sensitive, valuable, and proprietary information. What’s an employer to do? Written restrictive covenants are the usual knee-jerk response. But courts look for inequality of bargaining power and excessive scope and sometimes refuse to enforce. The panel discussed enforceable restrictive covenants, including standalone agreements separate from provisions within employment agreements, as well as considerations of reasonableness of temporal and geographic scope, adequate consideration, and appropriate remedies.
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