California, the Golden State, is a special place to live and work. However, if you are an employer in California, you have most likely heard warnings of what you cannot do in terms of protecting your workforce and trade secrets and preventing unfair competition. While the rules of the road are different in California, employers are not without tools to protect their resources. And those tools are the focus of this program: what you can do to protect your workforce and trade secrets in California.
Topics will include:
- The art of actively (and actually) protecting your trade secrets
- How, if at all, does the Defend Trade Secrets Act of 2016 affect trade secret litigation and employee mobility in California?
- The latest (in terms of technology) on protecting your electronically stored information from being exported from the work environment.
- The importance of good employee exit procedures
- Best practices in monitoring competitive damages after an employee departs
- “Cease and desist” letters in California
- What is the status of various legal work-arounds that employers have tried in California over the years? Garden leaves, contingent compensation, choice-of-law provisions–are any of them viable?
- Be ready to go to court—or, more accurately, “how to be ready before you go to court”
- The latest on restricting former employees from soliciting their former co-workers
- The ever-present problem: how do you prove damages?
- Reconciling mandatory arbitration with injunctive relief
- The surprise new issue: broad nondisclosure agreements being attacked as restraints of trade or violations of various California Labor Code provisions or the National Labor Relations Act
For more information, please contact Sylwia Faszczewska at SFaszczewska@ebglaw.com.