Employment Agreements Get the Career You Want 2014 Legislative Review We Understand Malpractice Risk Is Always on the Docket
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July/August 2014 Volume 25 / Number 1 Employment Agreements Get the Career You Want 2014 Legislative Review We understand malpractice risk is always on the docket. For more than 50 years, the CNA Lawyers Professional Liability program has helped attorneys manage risk with a broad range of insurance products, programs and a comprehensive series of risk control tools and services. Designed to help you avoid potential malpractice risks before they occur, these information resources are always available to keep you current on key issues affecting legal practices today. We offer a series of seminars and webinars that may help you meet your mandatory CLE requirements, and can potentially lower annual premium costs. And our Professional Liability Risk Control hotline helps you navigate the challenges facing law firms today. As part of an insurance organization with more than $56 billion in assets and an “A” rating from AM Best, CNA has the financial strength you can count on. When it comes to helping attorneys better manage their risk and potential exposures every day ... we can show you more.® Start reducing your firm’s liability risk now. For a quote or more information, contact Kronholm Insurance Services at 800-842-8444, or e-mail [email protected] Kronholm insurance services is dedicated to serving the needs of the Connecticut legal community. We offer a full range of insurance products specially designed for attorneys. www.lawyersinsurance.com www.kronholminsurance.com CNA is a registered trademark of CNA Financial Corporation. Copyright © 2011 CNA. All rights reserved. CNA-SP-036_LPLAds_r8.indd 1 4/20/11 2:48 PM FEATURES CONTENTS 8 20 Highlights of a Get the Career You Want Presidency with a Professional COLUMNS Kimberly A. Knox served as Development Coach President’s Message ..................... 2 president during the 2013-2014 By Jamie Jackson Spannhake Time to Go Pro Bono ................... 28 bar year. Read about some of Lawyers often find it difficult Building Your Practice ................. 29 the highlights of this busy but to create the careers that they Supreme Deliberations ................ 30 rewarding year for President really want. A professional Knox. development coach can help Young Lawyers ............................ 34 you assess where you are in your career, assist you in 9 developing a plan to take you CBA Hosts 2014 where you want to be, and Connecticut Legal guide you on the path to your Conference success. This article reviews DEPARTMENTS The CBA’s annual legal the steps to follow during this CBA News & Events .......................4 conference was a day filled process. with educational seminars, Ethics Opinion ..............................12 networking opportunities, and Court Decisions ............................32 recognition that drew in legal 24 Classifieds ....................................36 professionals from throughout The 2014 Legislative the state. This article recaps the day’s events. Session in Review By Bill Chapman Discover the CBA’s role as well as which legislation got passed 16 during Connecticut’s 2014 Employment legislative session. Agreements: Recent Connecticut Decisions Concerning Restrictive Covenants Part 1 By Joseph J. Blyskal Employment agreements restricting the right to compete and limiting the use of confidential information continue to present fertile ground for litigation despite an economic upturn. Part one of this two-part article highlights significant cases over the past year and a half impacting restrictive covenants. The second part will cover non- disclosure clauses and trade secret litigation. Connecticut Have an idea for an article? Contact [email protected]. LAWYER All suggestions are welcome. 2014-2015 Officers Connecticut Lawyer Staff Manuscripts accepted for publication become the property Mark A. Dubois, President Advertising: Jessica Pace, [email protected] of the Connecticut Bar Association. No compensation is William H. Clendenen, Jr., President-elect Editor: Alysha Adamo, [email protected] paid for articles published. Monte E. Frank, Vice President Executive Director: Douglas S. Brown, [email protected] Connecticut Lawyer Asker A. Saeed, Secretary Graphic Designer: DR Anderson, [email protected] The (ISSN 10572384) is published Matthew D. Gordon, Treasurer Copyright 2014 by the Connecticut Bar Association. All monthly except in January, June, and August by the Con- Sylvia K. Rutkowska, Assistant Secretary-Treasurer rights reserved. The copying, duplication, transferring, necticut Bar Association, 30 Bank Street, New Britain, CT Kimberly A. Knox, Immediate Past President reproducing, reusing, or reprinting of the Connecticut 06051-2276. CBA membership includes a subscription. Lawyer is strictly prohibited without permission. Publication Periodicals postage paid at New Britain, CT, and additional Connecticut Lawyer Advisory Committee offices. Elizabeth C. Yen (Chair), Myles H. Alderman, Jr., Frank S. of advertising does not imply endorsement of products, ser- Berall, Joseph A. Cipparone, Dean M. Cordiano, Jeffrey C. vices, or statements made concerning them. All advertising POSTMASTER: Please send address changes to Dannenberg, Proloy K. Das, Brian J. Donnell, Steven J. Er- copy is subject to approval. The editor reserves the right to Connecticut Lawyer, PO Box 350, New Britain, CT 06050- rante, Emily A. Gianquinto, Theodore W. Heiser, Noah Jon reject advertising. The goal of the Connecticut Lawyer is to 0350. Kores, Charles D. Ray, Fred D. Sette, Gregory A. Sharp, provide a forum for the free expression of ideas. The opin- Jeffrey M. Sklarz, Bolesh J. Skutnik ions and positions stated in signed articles are those of the authors and not those of the Connecticut Bar Association. The Connecticut Bar Association welcomes the submission of articles by its members. For editorial guidelines, please e-mail [email protected]. PRESIDENT’S MESSAGE Building on Our Strengths Mark A. Dubois is the 91st president of the Connecticut Bar Association. He is counsel with the New London firm of Geraghty & Bonnano where he represents individuals accused of ethical misconduct and malprac- tice. As Connecticut’s first chief disciplinary Planning Task Force. It included a cross- Today’s lawyer has a wealth of choices. counsel from 2003 until 2011, he established section of the bar, from past presidents to There is more CLE than you could ever at- an office that investigated and prosecuted young lawyers. The purpose was to help tend in a career or a lifetime available on attorney misconduct and the unauthorized us identify why the CBA was important your desk top 24/7. There are more spe- practice of law. Attorney Dubois also serves as an expert witness on matters of ethics and to lawyers and allow us to direct our re- malpractice and teaches ethics at UConn sources and efforts towards advancing boards, colleges, associations, and clubs Law School. those goals and interests. Folks from the thancialty, any affinity, single and lawyer practice-focused could ever bars,join ABA, who arrived to assist us, warned or follow. Social media has created ro- that the tendency in organizations such bust fora where like-minded lawyers can as ours was to go in too many different di- share information and support outside rections, with each new president cham- of traditional bar organizations, with no pioning a new initiative or program until dues obligations. So, to repeat a question I was at a dinner party recently when a the whole group burned out from trying I have heard again and again in the last non-lawyer turned to me and asked me to be all things to all people. It was good two years, “How would my life or career what the CBA was and why it was so advice. be any different if the CBA ceased to exist important that I would put aside lots of tomorrow?” Consider, perhaps, the recip- other things to lead it. All heads turned When I joined the CBA about three dozen rocal question—“What is it the CBA does to me, and I could see some smiles start- years ago, it was only natural to do so. I that no one else does?” ing. “Well,” I said, “funny you should ask. understood it to be the place where I We just completed a strategic review and would meet other lawyers, learn from the For starters, we are the biggest voice of have adopted a plan that will guide us for best, make connections, and advance my the bar at the legislature. Yes, the trial the next few years.” When it became ap- career. I also joined the New Britain bar, lawyers have a presence, but their work parent that I was going to start lecturing because that, too, was natural and expect- is very focused on the type of work their on the importance of the voluntary bar in ed. The NBBA was where I would break members do. We speak for all the bar our system of civil and criminal justice, bread with my colleagues who I was with when we weigh in on issues as diverse as talk soon turned to something else. every Monday at short calendar. The CBA the occupational tax or whether the fami- was where I would get CLE and learn ly court system is broken or has just fallen about what was happening in the practice hostage to a few crazy parents with loud- she assumed the reins of the CBA a year and at the legislature. New Britain social- speakers. Every year we advance legisla- One of the first things Kim Knox did when ago was to put together a Long Range ized me, the CBA trained me. tive initiatives developed by our sections 2 Connecticut Lawyer July/August 2014 Visit www.ctbar.org and committees designed to make their est provider of Connecticut-focused CLE. on access to justice. That enterprise is not work easier or the laws more fair to their Drawing from the expertise of our mem- just altruistic. Too many lawyers have too clients. When the judicial branch wants to bers, we provide many, many high quality little work, while too many working and create new regulations on how we do our learning opportunities on many and var- middle-class folks cannot afford the le- business, we push back.