Building on the foundation laid in the first episode, the second installment of this series uses additional examples from the TV show The Office to delve deeper into the intricacies of noncompetes. This time, Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Labor + Employment Partner Matt DelDuca and Employee Benefits + Executive Compensation Partner Jim Earle to focus on the concept of “forfeiture for competition.” Key points that were highlighted include:

  • The relationship between typical noncompete provisions and forfeiture for competition clauses.
  • The potential consequences for breach of a forfeiture for competition provision.
  • Legal considerations and best practices for employers and employees.

This episode provides a more detailed look at noncompetes and forfeiture for competition clauses, offering valuable insights for employers dealing with these issues.

Regardless of your familiarity with the subject, “Navigating Noncompetes: A Comprehensive Guide” offers valuable insights and perspectives.

Transcript: Navigating Noncompetes: A Comprehensive Guide – Part 2 (PDF)


In case you missed it, listen to Navigating Noncompetes: A Comprehensive Guide – Part 1.

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Photo of Tracey Diamond Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient…

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Photo of Evan Gibbs Evan Gibbs

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors…

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors, vendors, or other third parties. As co-chair of the firm’s Corporate Espionage Response Team, Evan leads a multidisciplinary group of attorneys with extensive experience regarding corporate espionage matters. Together with a team of attorneys and technical experts, they leverage their deep experience with digital forensic investigations to ensure that clients’ matters are handled using the most cutting-edge forensic technology available. Evan and his team handle these matters throughout the United States.

Photo of Matthew V. DelDuca Matthew V. DelDuca

Matt’s trial experience includes individual and class employment cases, non-competition and trade secret litigation, complex business litigation, shareholder litigation, product liability, and mass tort litigation.

Photo of James Earle James Earle

Jim counsels publicly traded companies and other complex employers on matters related to executive compensation. His clients operate globally in a wide range of industries, including financial services, manufacturing, food, telecommunications, utilities and other service-based companies. Jim advises clients on all aspects of…

Jim counsels publicly traded companies and other complex employers on matters related to executive compensation. His clients operate globally in a wide range of industries, including financial services, manufacturing, food, telecommunications, utilities and other service-based companies. Jim advises clients on all aspects of the employment, compensation, benefits and severance of directors, executive officers and other senior managers. He has significant substantive experience with all forms of executive compensation and benefit plans.