COURSE DESCRIPTION
Business and commercial transactions are fraught with potential tort liability for attorneys and their clients. Whether out of disappointment at losing a deal or as a negotiating tactic or legitimate belief, counterparties, competitors and third parties can easily allege tortious interference with existing or prospective business relationships. There is also the risk of breaching the duty of good faith and fair dealing in transactions or misusing proprietary information obtained in negotiations in a failed deal. This program will provide you with a practical framework for understanding the range of business torts and real-world defenses.
Day 1: TRADE SECRETS:
- UTSA
- DTSA
- Essential Elements
- Defense
- Damages
- Practice Pointers
Day 2: BUSINESS TORTS THAT APPEND TRADE SECRET LITIGATION:
- New employees – business torts applicable to recruiting and hiring new workers
- Trade secret misappropriation by departing employees
- Non-competition, non-solitation and forfeiture agreements – validity, enforceability when an employee departs, and practical usefulness
Speaker:
William J. Kelly, III is a founding member of Kelly & Walker LLC and has more than 25 years’ experience in the areas of employment and commercial litigation. In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices. In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets. Earlier in career, he founded 15 Minutes Music, an independent music production company.