July 7th, 2016

Gross McGinley Hosts Restrictive Covenant CLE at Bar Association

On June 30th, Members of Gross McGinley’s Employment Law Group presented a Continued Learning Education (CLE) session at the Bar Association of Lehigh County. Attorneys Loren Speziale, Kim Spotts-Kimmel, and Zach Fowler presented “Drafting and Litigating Restrictive Covenants in the Lehigh Valley”, offering an in-depth view of non-compete agreements for attorneys practicing in the Lehigh Valley region.

Loren presented on the basic components of a non-compete agreement, specific considerations for certain industries, defining a “legitimate business interest”, and what is considered “adequate consideration”. She also discussed geographic scope and duration restrictions of such agreements.

An intellectual property attorney, Kim spoke to the IP concerns employers should have with regard to their employees. She enforced the importance for employers to ensure ownership of employee-created IP as well as preventing misappropriation and infringement.

Zach wrapped up the program, discussing the steps in litigating restrictive covenant claims, either initiated by the employer or a former employee. He reviewed the facts needed for a preliminary injunction, emphasizing that time is of the essence if a former employee is actively violating a non-compete or other restrictive covenant. Zach provided attendees with case law as reference to actions in Lehigh County and beyond.

If you are an employer or in-house counsel and have questions with regard to restrictive covenants, our team of employment lawyers are prepared to assist you. Call us today at 610-820-5450.

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