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Webinar: Trade Secrets & Non-Solicits in Business Sales: Trial Insights & Strategic Considerations
**Program hosted in (ET) Time Zone**
When a business changes hands, restrictive covenants like non-solicitation and trade secret protections often follow the deal—but so can disputes. In recent years, courts have taken a nuanced approach to enforcing these provisions, especially when non-competes in general have been increasingly outlawed or limited in scope. This webinar will explore the current state of the law governing trade secrets and non-solicitation agreements in the sale-of-business context, with a practical focus on client advising and litigation strategy. Attendees will gain insights from recent trials from the presenters involving these claims, including effective themes for both plaintiffs and defendants, the role of injunctive relief, and evidentiary challenges around damages and bad faith. Whether enforcing or defending against such claims, this session will help practitioners sharpen their playbook for navigating these high-stakes cases in federal court.
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Presented by FBA Annual Meeting & Convention 2025 sponsor Winthrop & Weinstine, P.A.
Presenters
Moderator: Kyle Kroll, Shareholder, Winthrop & Weinstine, P.A.
I am passionate about advocating for clients in high-stakes business disputes, in both trials and appeals. My practice spans many industries, and I particularly enjoy cases involving intellectual property and unfair competition. In all of my cases, I strategize to minimize risk, maximize opportunity, and achieve client goals. I make it a priority to clearly and timely communicate with clients, ensuring they are always informed and supported. Drawing on my clerkship with The Honorable Joan N. Ericksen, U.S. District Court for the District of Minnesota, I have honed my skill in analyzing legal arguments and presenting them persuasively. This experience constantly informs my advocacy, helping me craft compelling themes that resonate with judges, juries, and other key decision-makers. In my practice to-date, I’ve amassed substantial litigation and appellate experience, leading cases at trial and arguing before high appellate courts— including the Minnesota Supreme Court and Eighth Circuit. I’ve first-chaired three trials and participated in several more. Along the way, I’ve been honored by jurists for “excellent” advocacy and the “care and effort” I bring to my cases. These experiences reflect my commitment to the highest standards of professionalism. Outside the courtroom, I am a leader in my community, including in both state and national bar associations. I enjoy wine tasting, golfing, biking, hiking, and traveling.
Aimée D. Dayhoff, Shareholder, Winthrop & Weinstine, P.A.
There’s a perception of litigators as being argumentative to a fault, thriving on confrontation. While I can certainly hold my ground – and do on issues important to my clients – it’s not always in the best interest of their businesses to pound a path to the courtroom. My clients come to me when they have a problem that they need to solve, whether it’s deciding whether to sign a vendor contract, or whether to enter into litigation with a former employee. It’s important to get details right on the front-end to avoid repercussions later, which means really getting to know my clients’ businesses inside and out. When it comes to litigation, I guide my clients through the difficult and sometimes emotional process. Your business is your baby, and it can be natural to feel that it’s being attacked when being sued for breach of contract, perhaps, or if a former employee has stolen trade secrets. But motivation can’t be dictated by personal animosity, and I help my clients take the emotion out of a naturally fraught process, to find the answer that’s right for their business. For some closely held businesses, I serve as outside general counsel, acting as a sounding board for their day-to-day issues. In this capacity, I love being able to work with my clients as a partner in their businesses, being able to connect them with the experts at the firm that can address a specific issue, and save them the cost of maintaining an internal legal department. I reside in Minnetonka with my two kids (albeit one is in college now and rarely home) and our dog, Floyd. I love traveling both nationally and internationally and checking out all of the amazing new restaurants in the Twin Cities.
Lisa Ellingson, Shareholder, Winthrop & Weinstine, P.A.
Now more than ever, data and technology are involved in every part of our lives. They affect how we work, how we communicate, and even how we sleep. And because of its pervasiveness in our lives, technology is the subject of near-constant legal changes and challenges. For my litigation clients in the technology space, the success of their businesses can depend on things like defending trade secrets and enforcing commercialization agreements. I enjoy navigating the constantly changing landscape of new information and technologies within a legal framework to help my clients further their business goals. As part of my technology practice, I also advise clients related to data protection and privacy. I assist clients with a wide range of privacy issues, from website privacy policies to incident response. I am the Co-Chair of Winthrop & Weinstine’s Data Privacy and Cybersecurity Practice Group. I am also a Certified Information Privacy Professional / United States (CIPP/US) and a Certified Information Privacy Manager (CIPM), and I regularly give presentations on privacy issues. Outside of work, I enjoy spending time with my husband and our two young children. I am also active in the international Korean adoptee community, and am a Regional Governor for the International Association of Korean Lawyers.
Olga Rogne, Managing Associate, Winthrop & Weinstine, P.A.
Before going to law school I was trained as a journalist, and many lessons from that training prepared me for my strong advocacy for clients in litigation. I am excited every time I get to dig through all the facts and details, learn the inner workings of my clients’ businesses, and then develop a through line and a persuasive, novel argument to support my client’s position and tell their story. Finally, I love taking all that background and nuance, and coming up with the best possible way to communicate our side to the judge or jury. Outside of work, I have recently taken up equestrian sports, and have started showing in the Hunter/Jumper ring. I never did it as a child, but I love challenging myself and overcoming my fears. In the winter, I’m also an avid skier and like to spend as much time as possible on the slopes.
Registration
Register Now!
- Live Broadcast | FBA Member: $0
- Live Broadcast | Nonmember: $95
- On-Demand Broadcast | FBA Member: $50
- On-Demand Broadcast | Nonmember: $95
CLE
Please note: CLE for this webinar has not been pre-approved.
MyLaw and the FBA will seek 1.0 General CLE credit hours in 60-minute states, and 1.2 General CLE credit hours in 50-minute states.
Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction.