21st Century Noncompetes: What's Changing and What HR Needs to Know

 Why should HR know how to draft noncompetes, confidentiality agreements, and other similar contracts? Because after years of non-enforcement, the courts are now taking these agreements more seriously. Some employers are now using noncompetes to their advantage:

  • In June, a judge refused to dismiss a trade secrets suit filed by The Clorox Co. against S.C. Johnson & Son Inc. over Johnson’s hire of a former Clorox executive.
  • Dish Network Corp. was just granted an injunction to prevent a former manager from joining rival The DirecTV Group Inc.
  • In July, Philips Electronics North America Corp. was granted a preliminary injunction to keep a former employee from working for rival companies.
  • Hedge fund Citadel Investment Group LLC just sued three former employees, claiming that they violated noncompete agreements and misappropriated trade secrets when they began their own firm.

Learn how you can use noncompetes, confidentiality agreements, and other similar contracts to protect your organization's talent and trade secrets.


In just 90 minutes, employment law attorneys experienced in noncompetes and severance packages will cover:

  • How to draft and implement legally solid noncompete, nonsolicitation, nondisclosure, and confidentiality agreements
  • The the typical restrictions built in noncompete agreements
  • How widely-varied state laws complicate the issue
  • When and how to use nondisclosure and confidentiality agreements and policy statements
  • Tactics you can implement NOW to prevent corporate raiding by former employees
  • How to handle applicants and new hires with pre-existing noncompete agreements. Are such employees off limits? How do employers know if an applicant or new hire comes with restrictions?
  • The latest court precedents relating to enforcement of noncompete agreements. How has the climate changed in light of the economic downturn?
  • The dangers awaiting unwary employers talking to potential employees who are under noncompete agreements
  • The employer’s options if an employee is under restrictions placed by a former employer



About Your Guest Speakers:
Scott A. Holt and Maribeth L. Minella

Scott HoltScott A. Holt, a partner at Young Conaway Stargatt & Taylor, LLP in Wilmington, Delaware, focuses his practice on employer counseling and litigation in areas involving employee terminations, employment and severance agreements, trade secrets and noncompete agreements, as well as other areas of employment law. He was named one of "The 100 Most Powerful Employment Attorneys in America" by Human Resource Executive magazine and Lawdragon. He is also listed in The Best Lawyers in America, Labor & Employment, Chambers USA: America’s Leading Lawyers for Business, Labor & Employment, and Delaware Super Lawyers, Labor and Employment.


Maribeth MinellaMaribeth L. Minella exclusively represents management in all facets of workplace law. As employment counsel, she advises clients regarding day-to-day employment issues, such as employee discipline and discharge, reductions in force, and restrictive covenants. She has extensive experience with electronic discovery and document retention matters. She is a regular contributor to the Delaware Employment Law Letter, the only monthly newsletter exclusively for Delaware employers, and Young Conaway’s employment law blog, DelawareEmploymentLawBlog.com.