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Noncompetition and Confidentiality Provisions in Employment Agreements

SKU: EMP5100N
Total Credits
1.75 - 2.25
Price$100
CDs/DVDs Only
This course is only available in CD/DVD format.
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Description

This CLE program will present a roundtable discussion among judges and attorneys specialized in employment law regarding the development of New York appellate law on the enforceability of noncompetition and confidentiality covenants and state and national trends on these covenants' enforceability.

One objective will be toward formulating consistency, which currently is lacking, in the current judicially created restrictions on noncompetition, nonsolicitation, and confidentiality agreements and in the restrictions' application.

  • What are the most essential restrictions?
  • What statutory restrictions have been enacted in other jurisdictions and introduced in New York?
  • If restrictions are to be enacted in New York, what are the most essential?
  • Where do employers need most guidance?
  • What restrictions will be most accepted by employers?
  • What do employees need most?

Lecturer Bios

Tracee Davis

Tracee E. Davis is a senior associate in the commercial litigation group at Zeichner Ellman & Krause LLP. At ZEK, Ms. Davis handles both federal and state court cases involving matters ranging in complexity: from commercial business disputes to consumer and lender’s liability class actions to disputes involving complex structured refinancing transactions. She is a graduate of Montclair State College and of American University, Washington College of Law, where she earned her law degree. Prior to joining Zeichner Ellman & Krause LLP, Ms. Davis served as the Principal Court Attorney to Justice Charles E. Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years with Justice Ramos, Ms. Davis assisted in managing the resolution of more than 400 complex commercial cases. She researched and wrote court opinions, many of which were published, and negotiated case settlements on panoply of business and commercial issues. Some of the cases she handled included consumer fraud class actions, unfair competition and employment contract disputes, and conflicts arising from private investment/financial arrangements. She also served an Adjunct Professor of Law at New York Law School. Ms. Davis lectured at Education Unlimited for several years to real estate salespersons on the laws regulating commercial and residential real estate transactions. Ms. Davis is currently a Delegate to the New York State Bar Association’s House of Delegates, the immediate past Secretary of the New York State Bar Association’s Commercial and Federal Litigation Section and since 2001 has been a member of the Section’s Executive Committee. She also served as Co-Chair of the Section’s State Court Counsel Committee. Ms. Davis is also a member of the Association of the City Bar of the City of New York and member of the Association’s State Court of Superior Jurisdiction Committee. In 2004, she was also appointed Director of the Independent Judicial Screening Panel, New York County Democratic Party (Civil Court 2004) to oversee the merit-based screening and selection process for reviewing applications and identifying qualified candidates. Ms. Davis has chaired or served as a faculty member of a number of programs for the NYSBA, the Association of the City Bar, the New York County Lawyers’ Association, and the Anti-Bias Committee of the New York State Supreme Court, New York County.

Hon. Saliann Scarpulla

Justice, Supreme Court, New York County, Elected, 2013 to 2026 Acting Justice, Supreme Court, New York County, Appointed by Chief Administrative Judge Ann Pfau, 2009 to 2012 Judge, Civil Court of the City of New York, New York County, Elected, 2002 to 2011; Re-elected, 2012 to 2012

Hon. Lucy Billings

Justice Lucy Billings is a graduate of Smith College, magna cum laude and Phi Beta Kappa, and the University of California at Berkeley School of Law with honors. She prepared for service on the New York State Supreme Court as a lawyer for 25 years at the ACLU National Headquarters and as Litigation Director in Legal Services, handling class actions and other complex civil rights litigation to establish and enforce new rights for disenfranchised minority, disabled, and low-income persons of every background. She forged new legal remedies through litigation addressing issues not previously addressed in housing, environmental justice, including preventing lead poisoning, public health, child welfare, education, and employment. She has presided over complicated, high profile class actions and other actions and proceedings. They include State agencies' unlawful procedures for collecting debts, Mayor Giuliani's unlawful attempts to prohibit street artists from selling their work, repeated sexual abuse of schoolchildren under the Board of Education's watch, corruption and unsanitary conditions in the public markets, and major construction site disasters. She has written over 250 published decisions, as well as published legal education materials. Examples of her decisions include reformation of the standards and procedures for employed public assistance recipients, for issuing business licenses, and for granting and revoking parole and prohibition of other unlawful government practices. As early as 2008, she recognized same sex marriages. Other decisions have found new avenues of recovery to injured construction workers, pothole victims, and families of infants who die at birth due to medical malpractice.

Kevin Schlosser, Esq.

Kevin Schlosser is a Member and the Chair of the Litigation and Dispute Resolution Department at Meyer, Suozzi, English & Klein, P.C. located in Garden City, Long Island, N.Y. Mr. Schlosser has been involved in all aspects of state and federal litigation since starting his legal career in 1984. An experienced civil litigator, Mr. Schlosser has engineered the legal strategy for a broad range of cases and arbitrations, including complex commercial disputes, business torts, fraud, breach of fiduciary duty, breach of contract, professional liability and malpractice claims, construction law, real estate and commercial landlord-tenant disputes, corporate and partnership disputes, ERISA, health law, Federal Fair Debt Collection Practices Act class actions, employment and restrictive covenants, intellectual property, products liability, insurance claims and defense, including disability insurance claims and the prosecution and defense of other tort-related claims. His clients consist of some of the largest companies in the world, as well as local businesses and individuals, including senior law partners, accountants, doctors and others in the professions. A proven appellate lawyer, he is also an accomplished trial attorney, whose victories include million-dollar recoveries and a record-breaking jury verdict. In addition to his litigation experience, Mr. Schlosser also acts as general outside corporate counsel, advising corporate clients on the full spectrum of legal affairs. Mr. Schlosser receives referrals for most of his clients from other practicing attorneys (often former adversaries) and existing clients. Because of his experience in the Commercial Division of the Supreme Court in Nassau County, Mr. Schlosser is also frequently tapped to serve as local Long Island counsel to many other law firms in New York City and out of state.



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