Covenants Not to Compete and the Duty of Loyalty in Virginia (Online Seminar)

MCLE Credits: 3.0
Ethics Credits Included: 0.0

MCLE Credit: 3.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $180 (Includes a downloadable audio version.)
Viewable Through: 8/31/2016

Information

A pre-recorded streaming VIDEO replay of the October 2014 webcast, Covenants Not to Compete and the Duty of Loyalty in Virginia (2014).


The laws governing non-compete agreements and the duty of loyalty continue to change and evolve in Virginia. This seminar will focus on enforcement trends and drafting tips in light of recent Virginia Supreme Court decisions.

NON-COMPETE AGREEMENTS IN VIRGINIA

A. Issues in Contract Formation
·Offer and acceptance — non-competition clauses in employee handbooks
·Consideration — is continuation of at-will employment sufficient consideration?
·Sale of a business versus employment-related agreements

B. Enforceability After Home Paramount
·Reasonableness of duration — how long is too long?
·Reasonableness of geographic scope — how far is too far?
·Reasonableness of restricted activities — after Modern Environments and Motion Control Systems, and how narrowly must an employer define restricted activities?
·The employer’s “legitimate business interest” — what is acceptable after Omniplex?
·Public policy considerations

C. Issues in Judicial Enforcement of Non-compete Agreements

·Defense strategies for attacking the non-compete after Assurance Data
· Proving damages for a breach — the lessons of Saks Fifth Avenue, Inc. v. James, Ltd.
· Reformation and blue penciling
· Assignability of non-compete agreements
· Effect of bankruptcy filing on non-compete agreements
· Choice-of-law provisions in non-compete agreements
· Indirect competition

D. Drafting Considerations Balancing Protection and Enforceability

DUTY OF LOYALTY AND OTHER WORKPLACE UNFAIR COMPETITION TORTS

A. Overview of the Duty of Loyalty in Virginia

B. When Does “Competition” Become “Unfair”?
· Practical pointers for advising clients

C. Other Common Unfair Competition Claims

 

 

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Schedule

Faculty

John M. Bredehoft, Kaufman & Canoles / Norfolk
John Bredehoft is a member in the Labor and Employment Law Practice Group of Kaufman & Canoles. His practice emphasizes litigation and litigation-avoidance strategies, and regularly includes discrimination and harassment matters, executive contracts, trade secret and computer crime cases, and advice and litigation on covenants restricting post-employment competition. He is admitted to practice in Maryland and the District of Columbia, as well as in Virginia.

R. Mark Dare, IslerDare, P.C. / Tysons Corner
Mark Dare, a native of Illinois, has resided in Northern Virginia since 1974.  Prior to joining IslerDare PC in 2006, he was a partner in the Falls Church, Virginia, office of the international law firm of Reed Smith, LLP, and its predecessors in Virginia, Hazel & Thomas, and Hazel, Beckhorn & Hanes, where he practiced for more than 30 years.
A past president of the Fairfax Bar Association (1994-95) and the Fairfax Law Foundation (2004-5), Mr. Dare is a frequent lecturer and author of written materials on employment law subjects.  He is an editor of Employment Law in Virginia, the acknowledged “bible” of sources for the law of the workplace in Virginia, and he is the author of the book’s chapter on Unfair Competition, which deals with convenants not to compete, disloyalty, and theft of trade secrets.

Edward Lee Isler, IslerDare, P.C. / Tysons Corner
Edward Lee Isler is a founding partner of the law firm of IslerDare, P.C. in Tysons Corner — Vienna, Virginia.  The firm’s practice is dedicated solely to the representation of management in labor and employment matters.  A native of McLean, Virginia, Mr. Isler graduated in 1983 from the University of Virginia with a B.A. in Government and Economics.  In 1987, he graduated from the College of William & Mary, Marshall-Wythe School of Law, where he served as a member of the Board of Editors of the William & Mary Law Review and was inducted into the Order of the Coif.  Upon graduation, he served for a year as a judicial clerk to the Honorable James C. Turk, Chief Judge for the U.S. District Court, Western District of Virginia.  Before establishing Isler Dare Ray Radcliffe & Connolly (previously Ray & Isler) in 1997, he spent seven years practicing labor and employment law in Washington, D.C., with the national firm Gibson, Dunn & Crutcher, and two years with a regional labor and employment firm. 
From 2010-2012, Mr. Isler served a two-year term as the chair of the Virginia Bar Association, Labor and Employment Law Section.  He is a longstanding member of the Planning Committee for the Virginia CLE Annual Employment Law Update.  He is also an author of Virginia Employment Practices and Forms, a co-author and co-editor of Virginia Business Torts, both published by the Virginia Law Foundation.

Burt H. Whitt, Kaufman & Canoles / Norfolk
Burt Whitt is the chairman of his firm’s Labor and Employment Practice Group. He has extensive experience exclusively representing management in all matters involving the employer-employee relationship. He routinely represents and counsels employers in wrongful discharge claims, accusations of discrimination or harassment, covenants not to compete, and government audits of employment practices.

Mr. Whitt and his team offer employers one-on-one counseling as well as management training, including the widely recognized and well-attended Employment Law Update. These proactive measures help employers save time, money, and energy by avoiding litigation.

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