Inside R&E Podcast — Noncompete Agreements and Trade Secrets

In this episode of Inside R&E, R&E Member Alexander H. Shapiro and Counsel Daniel C. Gibbons join Dave Lorenzo, Founder of Exit Success Lab, to talk about noncompete agreements and trade secrets.

During the conversation, Zander, Dan, and Dave break down what trade secrets are, why they matter to businesses, and when restrictive covenants and noncompete agreements come into play. They examine the FTC’s 2024 ban on noncompetes, its implications for both employers and employees, and where things currently stand. The discussion also covers how noncompetes are applied in New York State, including variations across different counties. Drawing on their professional experience, Zander and Dan share industry-specific case studies and explain how courts evaluate noncompetes in different contexts, highlighting key factors to consider. They also outline what both employers and employees should keep in mind when drafting or signing a noncompete agreement.

Alexander H. Shapiro is an accomplished trial and appellate advocate with a proven track record of success in representing individuals and businesses in complex commercial disputes and white-collar regulatory and criminal investigations in state and federal forums. His distinguished background includes serving as an Assistant U.S. Attorney in the Southern District of New York and holding senior in-house leadership roles at three Fortune 500 companies. Shapiro represents clients with regard to a broad range of issues, including breach of contract, corporate governance disputes, business torts, securities and wire fraud, money laundering, asset forfeiture, piercing the corporate veil and voidable transfers, discovery in aid of foreign litigation (28 U.S.C. § 1782), and general counsel advisory services, including compliance and policy development.

Daniel C. Gibbons is an accomplished trial attorney and seasoned litigator who has represented clients in courts and venues across the country in various complex commercial disputes. Dan is well regarded for his rational approach and measured advice and he is known for his ability to take complex concepts and reduce them into understandable language. Dan draws on his extensive prior experience, which enables him to understand the needs and objectives of his clients, provide sound legal and business advice, and effectively represent them in court.

For any questions related to this episode, contact Alexander H. Shapiro at [email protected] or (212) 551-1221, or Daniel C. Gibbons at [email protected] or (212) 551-1264.