Trade Secrets & Non-Solicits in Business Sales: Trial Insights & Strategic Considerations (Presented by the Federal Bar Association annual Meeting & Convention 2025 sponsor Winthrop & Weinstine, P.A)

Kyle Kroll
Aimée D. Dayhoff
Lisa Ellingson
Olga Rogne
Kyle Kroll | Winthrop & Weinstine, P.A
Aimée D. Dayhoff | Winthrop & Weinstine, P.A
Lisa Ellingson | Winthrop & Weinstine, P.A
Olga Rogne | Winthrop & Weinstine, P.A

On-Demand: August 20, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

**Program hosted in (ET) time zone**

When a business changes hands, restrictive covenants like non-solicitation and trade secret protections often follow the deal—but so can disputes. In recent years, courts have taken a nuanced approach to enforcing these provisions, especially when non-competes in general have been increasingly outlawed or limited in scope. This webinar will explore the current state of the law governing trade secrets and non-solicitation agreements in the sale-of-business context, with a practical focus on client advising and litigation strategy. Attendees will gain insights from recent trials from the presenters involving these claims, including effective themes for both plaintiffs and defendants, the role of injunctive relief, and evidentiary challenges around damages and bad faith. Whether enforcing or defending against such claims, this session will help practitioners sharpen their playbook for navigating these high-stakes cases in federal court.

This course is co-sponsored with myLawCLE.

Presented by FBA Annual Meeting & Convention 2025 sponsor Winthrop & Weinstine, P.A.

Key topics to be discussed:

  • Enforcement of Trade Secrets and Non-Solicitation Agreements in the Sale-of-Business Context
  • Litigation Strategy and Trial Themes in Federal Court
  • Role of Injunctive Relief and Evidentiary Challenges
  • Impact of Evolving Non-Compete Laws on Restrictive Covenant Litigation

Closed-captioning available

Speakers

Moderator: Kyle Kroll, Shareholder | Winthrop & Weinstine, P.A

Kyle Kroll is passionate about advocating for clients in high-stakes business disputes, both at the trial and appellate levels. His practice spans a wide array of industries, with a particular focus on intellectual property and unfair competition matters. In every case, he emphasizes strategic risk mitigation, opportunity maximization, and the achievement of client objectives. Kyle is known for clear, timely client communication and prioritizes ensuring that clients feel informed and supported throughout the litigation process.

Drawing on his clerkship with The Honorable Joan N. Ericksen of the U.S. District Court for the District of Minnesota, Kyle brings a refined skill set in legal argument analysis and persuasive presentation. His experience has informed his ability to craft compelling case themes that resonate with judges, juries, and other key decision-makers. He has amassed substantial litigation and appellate experience, including leading trials and presenting arguments before high courts such as the Minnesota Supreme Court and the Eighth Circuit. Kyle has first-chaired three trials and has been recognized by jurists for his “excellent” advocacy and the “care and effort” brought to his cases. These accolades reflect his deep commitment to professionalism.

Beyond the courtroom, Kyle is active in the legal community at both state and national levels. In his personal time, he enjoys wine tasting, golfing, biking, hiking, and traveling.

 

Aimée D. Dayhoff, Shareholder | Winthrop & Weinstine, P.A

Aimée Dayhoff is a seasoned litigator known for her pragmatic, business-focused approach to legal disputes. While fully capable of assertive advocacy, she recognizes that aggressive litigation is not always in the best interest of her clients’ businesses. Aimée’s clients seek her counsel for a variety of challenges—from contract negotiations with vendors to litigation involving former employees.

She emphasizes the importance of understanding her clients’ businesses thoroughly in order to proactively avoid legal pitfalls. In litigation, she guides clients through often difficult and emotional processes, especially when issues such as breach of contract or misappropriation of trade secrets arise. Aimée helps clients remain focused on their business goals rather than on personal grievances, providing clarity and strategic direction through contentious disputes.

She also serves as outside general counsel to closely held businesses, offering day-to-day legal guidance and connecting clients with subject-matter experts within the firm to efficiently manage costs. Aimée lives in Minnetonka with her two children—one currently in college—and their dog, Floyd. She enjoys both domestic and international travel and exploring new restaurants in the Twin Cities.

 

Lisa Ellingson, Shareholder | Winthrop & Weinstine, P.A

Lisa Ellingson focuses her practice on the intersection of technology and the law, advising and representing clients in a rapidly evolving legal environment. Her litigation practice includes defending trade secrets and enforcing technology commercialization agreements, particularly for clients in the tech sector. Lisa is dedicated to helping businesses navigate the shifting regulatory and technological landscape in order to achieve their strategic goals.

In addition to litigation, she counsels clients on a wide range of privacy and data protection matters, from developing website privacy policies to responding to data security incidents. She co-chairs Winthrop & Weinstine’s Data Privacy and Cybersecurity Practice Group and holds certifications as a Certified Information Privacy Professional/United States (CIPP/US) and a Certified Information Privacy Manager (CIPM). Lisa frequently presents on topics related to privacy and data security.

Outside of her legal work, Lisa enjoys spending time with her husband and two young children. She is also actively involved in the international Korean adoptee community and serves as a Regional Governor for the International Association of Korean Lawyers.

 

Olga Rogne, Managing Associate | Winthrop & Weinstine, P.A

Olga Rogne brings a journalist’s analytical rigor to her litigation practice, a foundation that fuels her passion for client advocacy. She thrives on uncovering key facts, understanding the intricacies of her clients’ businesses, and building persuasive, original legal arguments. Olga is especially skilled at synthesizing complex details into compelling narratives that resonate with judges and juries.

She relishes the challenge of translating legal nuance into clear, strategic advocacy in the courtroom. Outside of her professional life, Olga has recently taken up equestrian sports and competes in the Hunter/Jumper discipline. She is also an avid skier who enjoys spending winter months on the slopes, embracing both the physical and mental challenge of the sport.

Agenda

I. Enforcement of Trade Secrets and Non-Solicitation Agreements in the Sale-of-Business Context | 2:00pm -2:15pm

II. Litigation Strategy and Trial Themes in Federal Court | 2:15pm – 2:30pm

III. Role of Injunctive Relief and Evidentiary Challenges | 2:30pm – 2:45pm

IV. Impact of Evolving Non-Compete Laws on Restrictive Covenant Litigation | 2:45pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Approved for Self-Study Credits
1 General

Indiana

Approved for CLE Credits
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for Self-Study Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General

Nevada

Approved for Self-Study Credits
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for Self-Study Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
1 General

Texas

Approved for CLE Credits
1 General

Utah

Approved for Self-Study Credits
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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