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Recent Developments in Restrictive Covenants & Non-competes

Total Credits
1.5 - 2
CDs/DVDs Only
This course is only available in CD/DVD format.
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Restrictive covenants, including non-competes, are used by many employers to restrict a former employee's ability to work for a competitor after cessation of his or her employment.

While New York courts tend to disfavor them, it is also well established that non-compete provisions will be enforced under certain circumstances. Our distinguished panel will discuss factors to be considered including: the employer's legitimate protectable interests; the scope of the restrictions, including geographic, duration and scope of business activity impacted; impact of the sale of a business; effect of termination without cause; the impact of the high unemployment rate caused by COVID-19 and associated economic hardships being experienced by millions of New Yorkers; and more.

Lecturer Bios

Richard B. Friedman, Esq.

Richard Friedman is a former AMLAW 100 employment and business litigation partner and an experienced trial lawyer. He handles all kinds of employment-related matters such as those involving investigations of alleged employee misconduct, covenants not to compete, employee discipline and terminations, discrimination claims, fiduciary duty claims, wrongful discharge claims, defamation claims, alleged misappropriation of trade secrets, and related issues for companies of varying sizes as well as individuals in New York state and federal trial and appellate courts as well as other venues.

Richard’s most recent blog article discusses several noteworthy National Labor Relations Board decisions concerning a few of the do’s and don’ts involving employer social media practices and policies and employee posts on social media. The article can be accessed via the following link.

Richard also represents individual clients in employment-related matters and disputes. He has advised individual clients with respect to their rights and obligations arising out of restrictive covenant provisions and negotiated numerous employment and severance agreements on behalf of such clients. Richard has also counseled experienced lawyers in connection with their ethical obligations when changing law firms.

In addition, Richard aggressively represents clients in a wide range of business litigation matters, including contract and licensing agreement disputes, partnership disputes, real estate litigation, and post-judgment enforcement proceedings. Richard has a particularly active practice in the New York County Commercial Division and was appointed by the former Chief Administrative Judge to the Court’s Advisory Committee on which he continues to serve with the ten judges of that court.

Christopher D. Belelieu, Esq.

Chris’s practice focuses on both complex commercial litigation and arbitration matters, including securities, antitrust, employment, class actions and contractual disputes. He has represented both plaintiffs and defendants in federal and state courts, as well as in different arbitral forums.

Chris also represents and provides strategic advice to clients in the start-up space. In addition, Chris advises companies on compliance with antitrust laws and has successfully secured antitrust regulatory approval for a number of mergers and acquisitions. Since joining the Firm, Chris has represented clients such as Goldman Sachs, Bain Capital, Perella Weinberg Partners, WeWork and Caithness Energy.

Chris devotes a significant portion of his practice to pro bono service and has been recognized for such work on several occasions. He was awarded the Legal Team Award at Her Justice’s Commitment to Justice Awards ceremony in 2012 and was part of a legal team that was recognized at The Legal Aid Society’s Pro Bono Awards ceremony in 2007 for work in obtaining a landmark settlement for The Legal Aid Society on behalf of homeless families with children in New York City.

Katharine J. Liao, Esq.

Katharine Liao is a Partner at Squire Patton Boggs who represents employers in the retail, entertainment, technology and healthcare industries in all aspects of employment-related litigation before federal and state courts and administrative agencies. Resident in the firm’s New York office, her practice is global with a particular emphasis and extensive experience with California and New York wage and hour class action litigation.

Having defeated class certification on multiple occasions, Katharine focuses her practice on defending wage-and-hour class actions involving claims of meal and rest period violations, failure to pay wages and/or bonuses, off-the-clock work, seating claims and employee misclassification. Katharine also represents employers in cases involving harassment, discrimination, retaliation, trade secrets, breach of contract and wrongful termination matters.

She serves as a trusted adviser to employers and provides day-to-day counseling on various employment issues, including employment policies and procedures ,pay equity issues, executive transitions, wage-and-hour compliance, employment and commission agreements, and manager and employee training. Katharine regularly conducts anti-harassment training for clients in various industries.

Katharine has defended clients in proceedings before the Department of Fair Employment and Housing, Public Employment Relations Board, California Division of Labor Enforcement Standards, Equal Employment Opportunity Commission, New York Department of Labor and US Department o Labor. Katherine speaks Mandarin and has advised international clients seeking to do business in the US on relevant employment issues.

She regularly assists global clients in transitioning in and out of various jurisdictions, provides due diligence in mergers and acquisitions and assists with reductions in force. She speaks regularly on social media policies, anti-harassment measures and best management practices.

She earned a BA from the University of Southern California and a JD from Boston University School of Law. She is admitted to the Bar in New York and California

Bran C. Noonan, Esq.

Bran Noonan is a Partner in NYC and Berkeley Heights at Ford Harrison LLP. As a strategic advisor combining business-minded transactional skills with over a decade of high stakes litigation, Bran Noonan serves as employment and outside general counsel to companies, helping them protect their commercial and proprietary interests, ensure compliance with their legal obligations, assess risk, and navigate complex litigation.

Bran is an accomplished litigator and trial attorney with extensive experience in federal and state courts and in arbitration representing companies in employment and commercial litigation in a wide range of industries, including education, hospitality, parking services, construction, manufacturing, financial services, media, real estate, healthcare, cannabis, retail, and restaurants. Bran has extensive experience defending single and multi-plaintiff claims, as well as class and collective actions, under the FLSA, ADA, Title VII, FMLA, ADEA, NLRA, WARN, and state and local employment and labor laws. In addition to representing clients in employment litigation, Bran is skilled in handling traditional labor matters including grievance arbitrations and NLRB claims.

In addition, Bran defends companies against public accommodation claims under Title III of the ADA, and state and local human rights laws. He also represents academic institutions in investigations and claims under Title VI, Title XI, and the Rehabilitation Act.

As for his complex commercial practice, Bran represents clients in unfair competition, restrictive covenant, breach of contract, breach of fiduciary duty, fraud, partnership, director/officer, and professional negligence disputes in various industries in arbitration University of Arizona and a JD from New York Law School. and state and federal court.

A central focus of Bran's commercial practice is helping companies navigate risk and solve legal and business conflicts prior to or through litigation. With respect to employment and labor law, Bran helps companies prevent issues before they arise by working with them to ensure compliance with federal, state, and local employment laws. This work includes policy and procedure implementation and roll-outs; terminations and reduction in force; internal investigations and employee discipline; reasonable accommodations, benefits, and leave of absence related issues; wage and hour compliance audits; and employee and management training.

Bran's transactional experience includes auditing and preparing legally required and best practice employee and operational policies and handbooks. He has also prepared numerous commercial and employment contracts, such as employment, severance, nondisclosure, noncompete/non-solicitation, independent contractor, master service, joint venture, and license agreements.

He received a BA from University of Arizona and a JD from New York Law School. He is admitted to the New York Bar.

Tracey Salmon-Smith, Esq.

Tracey Salmon-Smith is a Partner at Faegre Drinker Biddle & Reach LLP. She is a trusted advisor and pragmatic problem solver, who assists clients with commercial and business disputes, employment litigation, securities law and internal investigations.

As a former Assistant U.S. Attorney for the Eastern district of New York, who also spent several years as in house counsel for UBS Financial Services Inc., a global financial services firm, she knows firsthand the pressures and challenges her clients face.

Tracey is known for her composure under pressure and her commitment to achieving results. She received an AB from Dartmouth College and a JD from Villanova University School of Law. She is admitted to the Bar in Connecticut, district of Columbia, New Jersey and New York.

Jason B. Levin, Esq.

Jason B. Levin is Of Counsel in the New York City, New York, office of Jackson Lewis P.C. His practice focuses on representing employers and management in workplace-related litigation before federal and state courts, arbitration tribunals, and various administrative agencies.

Mr. Levin has extensive experience litigating actions alleging discrimination, harassment, retaliation, whistleblower, wrongful termination, commission, wage and hour, breach of contract, breach of fiduciary duty, and other workplace-related claims. Mr. Levin also has extensive experience prosecuting and defending actions involving breach of non-competition and nonsolicitation agreements, misappropriation of trade secrets, unfair competition, and related claims. Mr. Levin has tried numerous cases in state courts and before arbitration panels and administrative agencies. He has also argued several appeals.

Mr. Levin regularly provides advice and counseling on a broad range of employment law matters, including employee hiring and departure issues, employee discipline, and the development and implementation of preventive employment practices. Mr. Levin’s counseling practice includes preparing executive and other employment agreements, and restrictive covenant agreements.

Prior to joining Jackson Lewis in 2018, Mr. Levin spent 13 years practicing law at a boutique business litigation firm in New York City. He received a BA from George Washington University and a JD from the University of Virginia. During law school, Mr. Levin was a member of the editorial board of the Virginia Journal of Sports and Entertainment Law and he was a quarterfinalist and recipient of the best brief award in the Lile Moot Court Competition.

He is admitted to the New York bar nd a member of the ABA, New York City Bar Association, NYCLA and NYSBA.

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