Insurance Professionals Seminar: Can You Protect Your Book of Business?

The primary asset of the insurance professional or insurance agency is the book of business.  The mechanism used to protect the book of business is the Non-Competition, Confidentiality, and Non-Disclosure Agreement (“NCNDA”), and the Uniform Trade Secrets Act.

This seminar will explain the legal contours of non-competition, confidentiality and non-disclosure agreements as they relate to the insurance professional and insurance agency.

In particular, we will explain the current state of efforts to ban or restrict agreements on both the state and federal level.  We will provide an in-depth examination of the elements of an enforceable NCNDA and the positions Connecticut and federal courts have taken on enforcing such agreements.  We will explain the Uniform Trade Secrets Act, how “confidential information” is defined and steps you will need to protect your business information.

Among the topics we will cover are:

· Who Owns the Book of Business?

· What’s at Stake - Asset Protection;

· Trade Secrets, Confidential Information, and the Customer List;

· Elements of Non-Competition, Confidentiality, and Non-Disclosure Agreements (NCNDA’s);

· Non-Solicitation of Customers and Employees;

· Fatal Flaws:  Connecticut Law and Court Rulings on NCNDA’s;

· The Blue Pencil Rule;

· The Legislative Assault on NDA’s:  The FTC Proposal, State Bans, Proposed State Restrictions;

· Connecticut’s Uniform Trade Secrets Law (CUTSA) and Confidential Information;

· The Agent with a Restrictive Covenant Agreement - To Hire or Not Hire?

Attendees will receive 3  hours of Continuing Education credits towards the Ethics, Law and Regulation requirements.