Drafting Covenants Not to Compete (BUS236)

In Indiana, covenants not to compete are disfavored, construed strictly against employers and enforced only if reasonable. This presentation includes a discussion of the legal requirements for restrictive covenants and practical drafting tips with the goal of helping practitioners protect their clients' legitimate business interests by increasing the likelihood that the covenants they prepare will withstand judicial scrutiny.

Examples of topics to be addressed include:

• Protectable employer interests
• Reasonableness of restrictions (activity, duration and geographic area, and/or customer contact)
• Impact on employee and public
• Consideration
• Drafting in anticipation of application of the "blue pencil" rule
• Addressing prior breaches by the employer
• Assignment of the covenant
• Preserving the right to seek injunctive relief and/or damages
• Attorneys' fees
• Choice by law and forum in the event of litigation
• Waiver by selective enforcement

Event Number: BUS236

Host: Business Law Section

Date: Wednesday, February 17

Time: Noon to 1 p.m. (Luncheon)

Location: M&I Plaza Conference Center, 135 N. Pennsylvania, Second Floor

Cost: $35 IBA Members/$70 Non-Members/$10 IBA Student Members

Credit Hours: 1.0 General & NAC

Speaker: Gregory P. Kult, Wooden & McLaughlin LLP

Speaker Info:

Gregory P. Kult, Wooden & McLaughlin LLP, concentrates his practice on counseling, training and representing employers in a wide variety of employment and labor matters. Mr. Kult regularly represents employers before federal and state courts, the Equal Employment Opportunity Commission, the U.S. and Indiana departments of labor and various other federal, state and local government agencies. He earned his J.D. from the University of Wisconsin Law School and is licensed to practice in Indiana and Wisconsin.

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