NEWS - Press Release

September 21, 2015

NAM Neutrals Erica Garay, Esq. and Hal Neier, Esq. to Participate in CLE Panel Discussion Entitled "Recent Trends and Practical Tips When Dealing With Restrictive Covenants and Trade Secrets"

NAM panel members Erica B. Garay, Esq. and Hal Neier, Esq. will present a two-hour CLE seminar that will explore recent trends and practical tips concerning restrictive covenants and trade secrets in the employment arena.

The first hour session will be led by Ms. Garay and Mr. Neier where they will address types and sources of covenants, when a covenant can be enforced and “legitimate interests” - how to balance an employer’s need to protect its investment against the employee’s right to earn a living. Also to be discussed is what constitutes a trade secret, the Inevitable Disclosure Doctrine, Employee Choice Doctrine and recent trends and developments in New York law including a bill currently pending before the New York State Legislature that hopes to clarify the law on non-compete agreements. They will be joined by Taleah E. Jennings, Esq. a partner of Schulte Roth & Zabel LLP.

In the second hour, the panel will switch, with Ms. Garay addressing the use of arbitration and mediation to resolve disputes concerning restrictive covenants including common law claims and practical tips when settling a case. The panel will include a forensic accountant and legal expert who will address remedies as well as calculation of damages including the value of lost trade secrets, diverted sales and lost profits. Joining Ms. Garay during this session will be Mark S. Warshavsky, CPA, P.C. a partner-in-charge of Gettry Marcus and John G. Stretton, Esq. a shareholder of Ogletree Deakins.

The NAM/New York Law Journal co-sponsored program will be held at NAM’s New York City offices and also simulcast to their offices in Garden City, N.Y.

Program Details:

When: Thursday, September 24, 2015,

Time: 8:30am registration, 9:00am -11:00am, CLE Seminar

Where: NAM NYC – The Chanin Building, 122 East 42nd Street, Suite 803, New York, NY

Simulcast: NAM Garden City, 990 Stewart Avenue, 1st Floor, Garden City, NY

For additional information about the CLE contact Molly Rose, New York Law Journal at

Click here to view Erica B. Garay’s bio.

Click here to view Hal Neier’s bio.


For 5 consecutive years, NAM (National Arbitration and Mediation) has been ranked as the top ADR firm by the New York Law Journal Annual Reader Rankings Survey. The company was also selected as one of the top 2 ADR firms in the United States in the National Law Journal’s Annual Survey for the second year in a row.

NAM actively works with more than 8,000 commercial entities, including more than 50% of the Fortune 100 companies. Founded in 1992, NAM offers litigants a nationwide panel of nearly 2,500 top-tier former judges and practicing specialists uniquely qualified to facilitate the resolution of disputes in a private forum. The company maintains rosters in all 50 states, Puerto Rico and in major cities around the world, with specific expertise in the areas of Complex Commercial, Construction, Employment, Entertainment, Financial Services, International, Insurance, Medical Malpractice, Personal Injury (including 3rd party and 1st party actions), Professional Liability and Real Estate dispute resolution.

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