How to Protect Your Laboratory’s Most Important Business Assets from Internal and External Threats

Critical new developments affecting trade secrets,
non-compete agreements and employee handbooks
LIVE AUDIO RECORDINGS AVAILABLE!

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James Giszczak James Boutrous

YOUR PRESENTERS:

James J. Boutrous II, Co-Chair, Unfair Competition and Trade Secret Practice Team, McDonald Hopkins, LLC

James J. Giszczak, Co-Chair, Unfair Competition and Trade Secret Practice Team, McDonald Hopkins, LLC

THE DARK REPORT (Moderator)


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Every pathology practice and clinical laboratory has key assets that drive the value of the business. The importance of these assets is reflected in contracts and agreements on trade secrets, in non-compete covenants with executives and sales reps, and in employee handbooks. These are all designed to protect and maximize the value of the group practice or lab on behalf of its partners and owners.

But are you confident that your laboratory is fully protected whenever partner-pathologists, managers, or sales reps move to competing companies? Can your laboratory defend its client list and trade secrets when a key employee defects to a competitor? Does your pathology group and lab have non-compete agreements that are updated to include new federal regulations? And do those same non-compete agreements comply with the unique requirements of each state where your lab does business?

If you answered no to any of the preceding questions, your lab is vulnerable to significant loss or erosion of its most valuable assets-the very assets that could affect the price a buyer would pay or would support the funding required to cash out retiring partner-pathologists.

Find out how to protect your pathology group or lab’s assets when you join THE DARK REPORT and DarkDAILY.com for this very special audio conference “How to Protect Your Laboratory’s Most Important Business Assets from Internal and External Threats held on Thursday, June 24, 2010. This one-of-a-kind event was the first to ever address this issue specifically for the laboratory industry.

Listen to Live Recordings as two experts on this subject-attorneys James J. Boutrous II and James J. Giszczak, Co-Chairs of the Unfair Competition and Trade Secret Practice Team at McDonald Hopkins, LLC in Cleveland-describe the three primary issues that can undermine the value of your pathology practice and clinical laboratory. And offer possible solutions.

Trade secret protection: Learn how to identify which trade secrets in your lab should be guarded. Boutrous and Giszczak will lay out the legal strategies you’ll want to employ to fully protect these valuable business assets. You’ll also hear about the most common issues that surface when a partner, a key manager, or a sales rep leaves your lab for a competitor.

Non-compete agreements: Gain insights into the current status of the federal laws that govern non-compete agreements and how these agreements should be structured for pathologists, management, and sales staff. It’s probably one of the most misunderstood areas of contract law in the laboratory testing industry. You’ll be surprised at how unprotected your laboratory is with its current non-compete agreements.

But the biggest shock may come when you find out that your lab’s non-compete agreements probably don’t meet the requirements of all the states in which your sales reps operate. Our experts will provide case-study examples that show you how to avoid the mistakes made by other labs. And why a one-size-fits-all approach to non-compete agreements isn’t enough to protect your lab when top-performing sales reps skip over to your competition.

Employee handbooks: Find out just how important a well-crafted employee handbook can be-no matter how many people you employ. Boutrous and Giszczak explain why every pathology group and laboratory should have one. And which topics it should cover, including:

  • Nature of the employment relationship.
  • Discrimination, harassment and retaliation policies.
  • Leave of absence policies.
  • Privacy/confidentiality requirements.
  • Code of conduct/disciplinary procedures.
  • Time-off policies.
  • Specific state law requirements.

The razor-sharp focus of this audio conference on trade secrets, non-compete agreements, and employee handbooks will go a long way to helping you mitigate threats to your laboratory’s business assets. You’ll get the most up-to-date information on the changes to federal law, important court decisions that establish new precedents, and why state law matters.

Whether you’re a pathologist with business responsibility for your group, a pathology practice administrator, clinical laboratory administrator, laboratory compliance manager, or lab executive, this is one session you won’t want to miss. You may even want to invite your legal counsel to sit in and listen to these recordings with you.

THE DARK REPORT AUDIO CONFERENCE AT A GLANCE

 

COST: $245 per LIVE RECORDING

TO ORDER: Click here or call 1-800-560-6363 toll-free

 

For one low price—just $245—you and your entire team can take part in this fast-paced, insightful audio conference.

Here’s just some of what you’ll learn during this in-depth 90-minute conference:

  • How to find and fix the clauses in your lab’s employment contracts that may have been invalidated by new laws and court rulings.
  • How to ensure that your laboratory’s non-compete agreements don’t violate state laws.
  • Identifying the employee-handbook essentials that will give your lab the lock-tight protection it needs.
  • The do’s and don’ts of sales and executive non-compete contracts.
  • How your lab can actively protect its most valuable trade secrets.
  • Reducing your lab’s risk of unfair competition and loss of market/patient share.
  • What potential buyers and retiring partners want: Essential steps you can take now that will pay big dividends later.…and much more!

ORDER Audio Now! Or for more information, call us toll-free at 800-560-6363.

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Distinguished Faculty
James J. Boutrous II is Co-Chair of the Unfair Competition and Trade Secret Practice Team at McDonald Hopkins LLC. He has extensive non-compete and trade secret experience that includes counseling, auditing and drafting agreements. Mr. Boutrous’ national practice involves both prosecuting and defending employers in non-competition and trade secret litigation, with significant injunction hearing experience. He regularly advises healthcare clients on restrictive covenant, trade secret and employment issues related to physicians, sales representatives, customer account representatives, key administrators, and technical and clinical personnel. He is a member of the Non-Compete/Trade Secrets Subcommittee of the American Bar Association’s Labor and Employment Law Section. Mr. Boutrous is also a skilled employment litigator, with trial experience in employment discrimination matters, defending employers in labor arbitrations, as well as labor and employment counseling.

James J. Giszczak is Co-Chair of the Unfair Competition and Trade Secret Practice Team at McDonald Hopkins LLC. His extensive non-compete, non-disclosure and trade secret expertise includes advising, auditing and litigation. He has nationwide experience prosecuting and defending employers and employees in non-compete, non-disclosure and trade secret litigation, with considerable injunction hearing experience. Mr. Giszczak regularly advises healthcare clients regarding restrictive covenant, trade secret and employment issues related to physicians, sales representatives, customer account representatives, key administrators, and technical and clinical personnel. His practice also focuses on business and commercial litigation with trial, litigation and consultation expertise in sales representative and business disputes. He regularly advises clients on data security measures and responding to security breaches that involve sensitive personal information. Mr. Giszczak has successfully tried cases in state and federal courts, and arbitrated cases before the American Arbitration Association. In addition, he has represented clients in both state and federal appellate courts.

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ACCENT® Continuing Education Credit
The American Association of Clinical Chemistry (AACC) designates this program for a maximum of 1.5 ACCENT® credit hours towards the AACC Clinical Chemist’s Recognition Award. AACC is an approved provider of continuing education for clinical laboratory scientists in the states of California, Florida, Louisiana, Montana, Nevada, North Dakota, Rhode Island, and West Virginia.