Page 21 - Fall 2024 EDM Today

employees). We currently recommend using all of those modalities, and making sure that agreements have been
tools as an employer to protect the investment that you properly drafted to the current legal standards in your
have made in your employees and customers. state. Even the best documents from a decade ago will EDM Today Magazine EDM Today Magazine EDM Today Magazine
need to be reviewed to ensure compliance, as many
Q: What are non-disclosure and non-solicitation clauses, states invalidate contracts that seek protection over and
and if enacted, would the FTC’s Rule, as it is currently above what your company actually needs. In other words,
written, ban these clauses as well? if your “airtight” agreement is too broad, a court may
strike it down.
A: Non-disclosure provisions protect a company’s
confi dential or otherwise sensitive information from EDM Today thanks Mr. Kubiak for his insight.
disclosure by a departing employee. Properly drafted, You can access Mr. Kubiak’s article(s) in full at
they provide additional protection beyond the statutory www.amundsendavislaw.com/professionals-craig-kubiak.
protection of trade secrets. Non-solicitation provisions Resources and Insights. For further information on
prohibit a departing employee from soliciting customers this topic or for clarifi cation of issues, Craig Kubiak
Tools, Dies & Molds • Aviation & Aerospace • Automotive • Medical • Electronics • Hydraulics
or employees. The current rule does not prohibit these can be contacted directly at 920-750-5049 or EDM Today Magazine EDM Today Magazine EDM Today Magazine
provisions. CKubiak@amundsendavislaw.com.
Q: Are there steps employers can take now to prepare As always, you can reach Legal News and Views at
for what seems like an inevitable change? Betsy@EDMTodayMagazine.com to reach the author
or for questions you would like to be addressed in
A: The law in this area is in transition, no doubt. We future articles.
recommend a balanced approach incorporating all three

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