Upcoming Trade Secret and Restrictive Covenant Law Learning (Fall 2022)

As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. The last one was a year ago. But, like last year, there is again an extraordinary amount of legislative, regulatory, and judicial activity. Given that good CLE programs can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in. (Links to additional information about the programs, including registration information, are in the program titles.)

In chronological order (note the time zones), the programs are:

State Bar of Georgia: Restrictive Covenants an
d Trade Secrets
,” taking place in person (in Atlanta, Georgia) and live streaming on August 31, 2022, from 8:30 a.m. to 3:45 p.m. ET.  The program covers the intersection of noncompete and trade secret law, through the following six topics:

  • Restrictive covenants and trade secrets cases: a view from the bench
  • Restrictive covenants in employment and other agreements
  • Trade secrets, confidential information and computer fraud & abuse
  • Choice of law, venue, and other procedural issues in restrictive covenant litigation
  • Forensic analysis: I suspect theft of proprietary information, what do I do now?
  • Recent legislative developments: Are noncompetes going to be banned?

2022 Annual Meeting of The Sedona Conference Working Group 12 on Trade Secrets,” taking place in person (in Reston, Virginia) on September 7-8, 2022. Although The Sedona Conference is a members only think tank, if you’re interested in trade secret law, the mission of the working group on trade secrets is as follows:
[T}o develop consensus and nonpartisan principles for managing trade secret litigation and well-vetted guidelines for consideration in protecting trade secrets, recognizing that every organization has and uses trade secrets, that trade secret disputes frequently intersect with other important public policies such as employee mobility and international trade, and that trade secret disputes are litigated in both state and federal courts.

We will be discussing the latest draft commentaries and future commentaries addressing some of the more challenging issues in trade secret law. You should seriously consider this organization if you are looking to gain a deep understanding of key issues in trade secret law and interested in discussing current topics with others whose practices revolve around trade secret law.

PLI: Level-Setting: A Crash Course in Noncompetes and Other Restrictive Covenants, From Soup to Nuts,” taking place online on September 20, 2022, from 1:00 p.m. to 2:00 p.m. ET. This program will provide the foundational information to help you learn what you need to know about restrictive covenant law, including understanding the types of restrictive covenants and protectable interests, covering the following topics:
  • An overview of the law of noncompete and other restrictive covenants
  • What’s happened recently at the state and federal governments
  • Insights into where the law is headed
  • How to know which restrictive covenants to use, and when to use them

Hold on to Your Trade Secrets: The Winds of Change Are Howling Around Employee NonCompete Agreements,” taking place in person (in Los Angeles) and online on September 19, 2022, it is part of the IPO 2022 Annual Meeting, which runs September 18-20, 2022 and covers all areas of IP.

Noncompetes and Restrictive Covenants 2021: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know,” taking place in person (in New York City) and online on September 29, 2022, from 9:00 a.m. to 5:15 p.m. ET. This is a full-day program (the only one of its kind, as far as I know), offering an in-depth look at noncompete laws and issues nationally. The program includes the following description:

  • Get the latest legislative developments regarding noncompete agreements and best practices from practitioners
  • Learn what the protectable business interest are and how to protect them, particularly with a remote workforce and during employee departures and on-boarding
  • Discover how to use state of the art computer forensics to bolster your case for enforcement, and what it means for the defense
  • Find out advanced practices for seeking and defending against temporary restraining orders, preliminary injunctions, and related preliminary orders
  • Gain insight into the practical aspects of enforcing and defending against noncompetes
  • Understand the key issues and what to do when not just one key employee leaves, but when there is a group lift-out
  • Learn how to spot and avoid the ethical traps common in restrictive covenant matters

Advanced Trade Secrets 2022: New Risks, New Challenges, New Ideas,” taking place in person (in San Francisco) and online on October 12, 2022, from 9:00 a.m. to 5:00 p.m. PT, is a day-long, in-depth discussion of key issues in trade secret law. Things you will learn are as follows:

  • What courts, legislatures, businesses, and economic experts are thinking and doing about trade secrets issues in the U.S. and abroad. Learn how some of the “old rules” are being tweaked and why they can be ignored only at your peril
  • How having a contract might not protect you, and having a nondisclosure agreement can lead to unintended risks
  • Why you may need to think about criminal prosecution when litigating civil trade secret cases
  • How much is a claim of misappropriation worth?
  • How to navigate through early stages of a trade secret dispute

Restrictions on Noncompetes: Preparing for Potentially Sweeping FTC Noncompete Regs,” taking place online on October 26, 2022, from 1:00 p.m. to 2:30 p.m. ET. The program will cover:

  • The history of noncompete enforcement
  • President Biden’s “Promoting Competition in the American Economy” Executive Order “encouraging” the FTC to ban or limit “unfair” noncompetes
  • Possible FTC regulations, including what the FTC has stated or implied regarding proposed rulemaking
  • The future of noncompete beyond low-wage workers
  • Best practices for employers seeking to limit unfair competition and protect their businesses

Trade Secret Summit,” taking place in person (in Miami, Florida) on December 8 and 9, 2022. The agenda is still being finalized, but the Summit is a terrific place to learn about advanced topics in trade secret law and to discuss the issues with a group of experts in the field.


I hope you can come and learn.