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By: Kevin Cloutier, Shawn Fabian, and Mikela Sutrina, Sheppard, Mullin, Richter & Hampton LLP
The deposition questions in this form are provided by way of example only. Each question should be followed with appropriate further inquiry. You should review all rules concerning depositions applicable in the jurisdiction where your case is pending.
These annotated deposition questions do not cover all potential state law distinctions concerning restrictive covenants and trade secret protection. You should check any relevant state and local laws.
To review the full list of drafting notes and alternate clauses please see the complete form in Lexis Practice Advisor by following the research path.
Kevin Cloutier is a partner in the Labor and Employment practice group and co-leader of the Non-Compete and Trade Secrets team in the Chicago office of Sheppard, Mullin, Richter & Hampton LLP. His national practice focuses on all areas of labor and employment law, with an emphasis on employment-related litigation and proactive counseling of management-side clients. He has litigation and first-chair trial experience before state and federal trial and appellate courts, arbitrators, the Financial Industry Regulatory Authority, the National Labor Relations Board (NLRB), and administrative agencies, and has successfully argued multiple law-changing and precedent-setting federal appeals on behalf of his clients. Mr. Cloutier advises clients on a wide range of employment-related issues and has particular expertise in restrictive covenant and non-competition matters, whistleblower claims, and internal investigations. He has successfully enforced restrictive covenant, non-compete, and trade secret claims on behalf of his clients in more than 20 states. He also operates as a general employment counselor to his clients and regularly advises and coaches human resource professionals and other business executives on how to comply with various human resources and employment laws. Shawn Fabian is an associate in the firm’s Labor and Employment practice group. He represents management-side clients before federal and state courts across the country and before administrative agencies including the Department of Labor, the Equal Employment Opportunity Commission, the NLRB, and various state and municipal human rights commissions and labor agencies. He can be reached at email@example.com. Mikela Sutrina is an associate in the firm’s Labor and Employment practice group. She advises private and public employers on a range of workplace issues, such as compliance with all applicable federal, state, and local laws, discrimination and harassment, safety, performance management, leaves of absence, safety, compensation, and terminations. She can be reached at firstname.lastname@example.org.
To find this article in Lexis Practice Advisor, follow this research path:
RESEARCH PATH: Labor & Employment > Non-competes and Trade Secret Protection > Restrictive Covenants > Forms
For detailed information on state laws concerning restrictive covenants and trade secrets, see
> NON-COMPETES AND TRADE SECRET PROTECTION STATE PRACTICE NOTES CHART
RESEARCH PATH: Labor & Employment > Noncompetes and Trade Secret Protection > Restrictive Covenants > Practice Notes
For additional information on restrictive covenants and trade secrets, see
> NON-COMPETE AGREEMENTS: KEY NEGOTIATION, DRAFTING AND LEGAL ISSUES
For guidance on drafting non-compete agreements, see
> NON-COMPETE AGREEMENTS CHECKLIST (BEST DRAFTING PRACTICES FOR EMPLOYERS)
RESEARCH PATH: Labor & Employment >Noncompetes and Trade Secret Protection Restrictive Covenants > Checklists
For relevant considerations in drafting customer and employee non-solicitation agreements, see
> CUSTOMER AND EMPLOYEE NON-SOLICITATION AGREEMENTS: KEY NEGOTIATION, DRAFTING, AND LEGAL ISSUES
For essential elements of a non-disclosure agreement, see
> NON-DISCLOSURE AGREEMENTS: KEY NEGOTIATION, DRAFTING, AND LEGAL ISSUES (PRO-EMPLOYER)
For direction on drafting enforceable employee confidentiality agreements, see
> CONFIDENTIALITY AGREEMENTS CHECKLIST (BEST DRAFTING PRACTICES FOR EMPLOYERS)
RESEARCH PATH: Labor & Employment > Noncompetes and Trade Secret Protection > Restrictive Covenants > Checklists
For an overview of key trade secret law principles, see
> TRADE SECRET FUNDAMENTALS
RESEARCH PATH: Labor & Employment > Noncompetes and Trade Secret Protection > Protecting Trade Secrets > Practice Notes
For guidance on substantive and procedural considerations involved in pursuing legal action to protect employer trade secrets, see
> RESTRICTIVE COVENANT AND TRADE SECRET MISAPPROPRIATION CLAIMS: KEY INITIAL CONSIDERATIONS AND TIPS FOR SEEKING TROS, PRELIMINARY INJUNCTIONS, AND OTHER RELIEF
RESEARCH PATH: Labor & Employment > Employment Litigation > Restrictive Covenants and Trade Secrets > Practice Notes