Non-traditional Non-Competes: Judges don’t like to enforce non-competes, states are restricting them, and that agreement your client’s employee signed may no longer be enforceable, so what alternatives are available to protect your client’s legitimate business interests?
This panel of experienced employment litigators will discuss alternative approaches to protecting legitimate business interests in these and other tricky situations. The panel will discuss when to use and how to draft enforceable alternative provisions, such as forfeiture provisions, trade secret and confidentiality clauses, and post-employment restrictive covenants. We will review applicable cases, trends nationally and in North Carolina, and discuss practical advice on alternative approaches to resolving disputes in this area.
Moderator: Danae Woodward, Woodward & Woodward PLLC
Danae has spent her legal career practicing labor and employment law, both as a litigator representing employees and as an in-house attorney for large, publicly traded companies. She has experience representing companies, local governments, labor unions, and individuals in all aspects of employment and compensation matters. She began her legal career as an employment litigator in Austin, Texas, before moving to Baltimore, Maryland, where she represented individuals and labor unions. In 1998, Danae and her husband moved to Charlotte, North Carolina, where she spent the next 12 years practicing as an in-house counsel for multi-national companies and in local government. Danae now practices employment law in her Charlotte-based firm, Woodward & Woodward PLLC, where she represents employers and helps executives and professionals negotiate employment, compensation, and exit packages. Danae has been trained as a collaborative attorney since 2016, and is a founding member, and sits on the board of the North Carolina Civil Collaborative Law Association.
Charles Johnson, Robinson Bradshaw & Hinson, P.A.
Charles Johnson is an experienced litigator with Robinson Bradshaw and concentrates his practice in complex employment and labor and commercial disputes. He has represented companies in a wide variety of employment and commercial cases in federal and state courts, and has litigated numerous cases involving employment contracts, covenants not to compete, misappropriation of trade secrets, and related claims. He also advises employers and individuals regarding the drafting and enforceability of covenants not to compete. Chambers USA has recognized Charles as a leading lawyer for labor and employment since 2005, and Best Lawyers® named Charles the 2021 Charlotte Labor Law - Management Lawyer of the Year
Marc Gustafson, Bell, Davis & Pitt, P.A.
Marc Gustafson frequently advises clients on employment contracts, including non-compete, non-solicitation, and non-disclosure restrictions. He also counsels clients on a host of employment issues, including discrimination claims, charges of wrongful termination, and wage and hour law violations. In the courtroom, Marc represents clients in state and federal courts in lawsuits involving non-competition, trade secrets, race, gender and age discrimination, sexual harassment, retaliation, whistleblowing, wage and hour claims, and breach of employment contracts. Marc also regularly appears before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and the North Carolina Employment Security Commission.
Karin McGinnis, Moore & Van Allen PLLC
With two decades of experience as a practicing attorney, labor-and-employment lawyer Karin McGinnis is known as a true business partner when litigating and providing counsel on a host of employment law issues.
McGinnis provides a single source of comprehensive employment law experience, including misappropriation of trade secrets, employee raiding and breach of noncompetition agreements, wage-and-hour litigation and advice, discrimination, harassment and leave issues, mass layoffs and employee severance, and international employment advice. Her non-fragmented approach ensures that her clients’ unique situations are appropriately vetted, strategized and handled.
Hon. William (Bill) Constangy, Constangy Dispute Resolution
The Honorable William Constangy (email@example.com) is author of Noncompete Law, a national treatise published November 17, 2020 by LexisNexis Matthew Bender. He is a Retired North Carolina Superior Court Judge and now an Employment Arbitrator and Mediator in Charlotte, North Carolina.
The views and opinions of MCB CLEs are not necessarily those of the 26th Judicial District Bar.
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