LAW 270P - Employment Law Practicum: Covenants Not to Compete.

This practicum is built around a single employment law problem, a breach of a covenant not to compete. There will be introductory instruction to provide students with an overview of the substantive issue. The focus will be on developing offensive litigation strategies for the employer, which is a party to the CNTC, and defensive strategies for the new employer onboarding the employee subject to the CNTC. The course will include a detailed analysis of (i) the elements of a covenant not to compete; (ii) the policy reasons for engaging a highly compensated employee and executing a covenant not to compete; (iii) the issues for the hiring employer, which has knowledge of a new employee’s covenant not to compete; (iv) and the litigation posturing and counteractions of the former employer and the new employer respectively. The course will discuss each side’s subpoenas, discovery (e-discovery), depositions [Rule 30(b)(6) deposition preparation], summary judgment theories, experts, mediation, pre-trial orders, rules of evidence, motions in limine, witness and document preparation, sanction practice and trial strategies. The course will also take up tactics like arbitration enforcement, removal to federal court of state court actions, and injunctions in state court. Three hours. Woody