**Program hosted in (ET) Time Zone**

This panel will discuss the recent, rapid, and major developments in the field of non-competes. The FTC was expected to enforce its final rule on non-competes in September of 2024, but litigation prevented its roll out – for now. Both corporate defense attorneys and plaintiff’s attorneys should be keenly interested in hearing the ins and outs of these new developments and what the state of the current litigation means for their clients.

Presented by the Labor and Employment Law Section

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About the Presenters

Moderator, Nico Stillwell, Attorney, ELM Law

After receiving their law degree from Washington University School of Law, Nico clerked on the Missouri Court of Appeals, Western District for the Honorable Alok Ahuja. Since then, Nico has assisted clients in navigating litigation and arbitration matters across the country, including in the Fourth, Fifth, and Eighth Circuits. Currently, Nico manages the appellate division for ELM Law, a plaintiff’s firm specializing in civil rights and discrimination-based litigation.

Stacey R. Gilman, Partner, Berkowitz Oliver, LLP

Stacey Gilman is an experienced civil litigator whose practice focuses on business litigation, intellectual property, professional liability, consumer, and other complex commercial matters. For more than twenty-five years, she has successfully represented clients in complex and high-profile disputes, including trademark, copyright, patent, trade secret, restrictive covenant, cybersquatting, advertising, unfair competition and class action matters, just to name a few. Recognized as a “Super Lawyer” by her peers and selected as a Fellow of the American Bar Foundation for her extraordinary leadership in the legal profession, Stacey has extensive trial and arbitration experience in state, federal and international tribunals. Stacey also serves as an arbitrator, and is a member of the American Arbitration Association® National Roster of Arbitrators. Whether Stacey’s client is a Fortune 500 company, a small business, or an individual, Stacey personifies Berkowitz Oliver’s people-first philosophy by staying accessible and prioritizing her clients’ goals at every juncture. Her longstanding relationships with clients who routinely turn to her not only as trial counsel but also for day-to-day and pre-suit legal advice, are a testament to the care and consideration she gives every case entrusted to her. A former newspaper editor, Stacey continues to publish work on intellectual property, the Freedom of Information Act, and notable developments in the law. She also dedicates her time to several non-profit organizations benefitting children’s causes, the homeless, and the community at large; and serves as a frequent lecturer at the University of Kansas School of Business.

Tony Durone, Co-Managing Partner, Berkowitz Oliver, LLP

Tony Durone has extensive experience in business litigation and, in particular, representing companies and professionals in the financial services and lending industries, including securities broker/dealers, accounting firms, tax preparation firms, banks, consumer loan lenders and other financial service providers. He has served as lead and trial counsel in hundreds of cases involving professional negligence claims, business torts, unfair competition, restrictive covenant, trademark and data privacy issues.  He has litigated cases in more than thirty-five states and tried cases in more than a dozen, in state and federal court, in FINRA and other arbitration forums and before the SEC, CFTC and state securities commissions. Tony graduated cum laude from the University of Missouri-Columbia School of Law in 1995, and served as Note and Comment Editor for and was published in the Missouri Law Review. In addition, he has been recognized as a top litigator by his peers, including in the annual publication of Benchmark Litigation, and by Martindale-Hubbell with a rating of AV Preeminent. He is also involved in several local community organizations and he served from 2007 to 2010 as the Co-Chair for the annual Kansas City Spirit Awards Gala, benefiting Gillis House for Families and Children.  Tony also serves as President of the Board of Trustees for the Lyric Opera of Kansas City.

 Russell Beck, Partner, Beck Reed Riden LLP

Russell is a business litigator, nationally recognized for his trade secrets, restrictive covenant, and employee mobility experience. He was invited to the Obama White House to develop guidelines for the proper use of noncompetes, has been cited as an expert on trade secrets and noncompetes by The New York Times, The Wall Street Journal, U.S. Department of the Treasury, National Public Radio, BBC World News Service, PBS Newshour, Le Monde, and many others, drafted much of the language in the 2018 overhaul of Massachusetts noncompete and trade secrets law, and prepared his firm’s widely used 50 State Noncompete Survey (the first of its kind and updated regularly since 2010) and the firm’s 50 State Trade Secrets Comparison Chart (also the first of its kind). He writes and administers the award-winning Fair Competition Law blog, is the author of the books, Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021) and Trade Secrets Law for the Massachusetts Practitioner (1st ed., MCLE 2019), and teaches Trade Secrets and Restrictive Covenants at Boston University School of Law. Russell also served as President of the Boston Bar Foundation.

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