In the ever-evolving digital landscape as well as legislative and regulatory changes and proposed changes to the use of non-competes, the preservation of trade secrets stands as a cornerstone for businesses striving to secure a competitive edge. As we continue to navigate the complexities of remote work and the jurisdictional differences in restrictive covenant enforcement, the safeguarding of these invaluable assets becomes not only essential but increasingly paramount.

In this session, Kate Perrelli, Dan Hart, and Cat Johns unravel the intricate relationship between non-compete agreements and employee mobility, with a specialized focus on the perspectives crucial to HR professionals and In-House General Counsel.

Here are the key takeaways from the webinar:

  • The post-COVID workplace poses increased risks to companies' trade secrets and other confidential information as remote work appears to be here for good.
  • The crackdown on employee non-compete agreements at the federal and state level poses additional risks to employers posed by employees moving to competitors, with the pending FTC proposed rule on non-competes, enforcement activities by the NLRB, and state legislatures continuing to ban or curtail use of non-competes
  • Given the uncertainty around non-competes, companies should consider a variety of measures to protect their critical assets, including other tailored agreements, regularly updating policies and procedures, implementing training programs, reminding employees of the company's policies and protocols, and implementing technological protections and monitoring of employee IT resources

To view the webinar recording, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.