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Date: Thursday, February 9, 2023
Time: 9:00 a.m. – 5:00 p.m. MST
Location:
Sheraton Denver Downtown Hotel
1550 Court Place, Denver, CO 80202
Parking: Self-paid, self-parking available in various first come, first served area garages/lots here.
Registration Fee: Complimentary (no charge)
Join us for this conference jointly sponsored by the Colorado Association of Corporate Counsel (ACC) and Fisher Phillips.
This will not be your typical sit-and-listen-to-a-lecture conference. Rather, this will be a highly participatory gathering of experienced attorneys to discuss and generate consensus on presently unanswered questions arising out of Colorado’s newly enacted non-compete statute (“HB 22-1317”).
What type of issues will be discussed?
Examples include:
- Does at-will employment continue to suffice as consideration?
- Does 22-1317 (by implication) proscribe restrictive covenants contained in separation agreements?
- Are employee nonsolicitation agreements (i.e., covenants not to recruit employees) governed by 22-1317?
- Does the statute require notice for confidentiality agreements?
Who will attend the conference?
Seats are limited. The make-up of attendees (i.e., participants) will be designed to ensure a representative cross-section of attorneys. We want to ensure we have attorneys who typically represent employees; attorneys who typically represent employers; attorneys from big and small law firms and public interest firms; in-house lawyers from large and small companies; in-house lawyers from companies that tend to hire employees from competitors and companies that tend to require and enforce restrictive covenants; etc.
How will the conference operate?
The day will begin with an opening panel to set the context for discussion later in the day. The panel includes Representative Kerry Tipper (the primary author of 22-1317), Magistrate Judge Kristen Mix, and recently retired Colorado Court of Appeals Judge David Richman. After the opening panel, the conference will shift to a highly participatory format. Topics like those listed above will be teed up for discussion, and the attendees will be anonymously polled to determine what consensus, if any, exists. (To foster candid debate, we will require attendees to sign confidentiality agreements promising there will be no attribution of comments to participants outside the conference. This way, no one will be permitted to hold an “argument” against someone in the future.)
Will we generate any work product?
After the conference, we will prepare a written report that summarizes the discussions (without attribution to any particular participant) and results of the polls. The desire is that the work product may serve as a useful reference to courts encountering some of the unique issues discussed, and perhaps as an aid to future legislative efforts.
Breakfast, lunch, snacks, beverages and a cocktail hour will be provided.
Fisher Phillips will make all reasonable efforts to obtain CLE credit for this program in every state that is relevant to attendee’s MCLE needs. In certain instances, some programs may not be awarded CLE credit because of content, delivery or jurisdictional restrictions.
If you have any questions, please contact Ashley Ollison.
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