Download or read book Employment Covenants and Confidential Information Law Practice and Technique written by Selwyn Bloch and published by Bloomsbury Professional. This book was released on 2018-05-25 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Download or read book Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information written by Pascal Lagesse and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.
Download or read book Employment Covenants and Confidential Information written by Gregory K. Steele and published by Markham, Ont. : Butterworths. This book was released on 2002 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employees Trade Secrets and Restrictive Covenants written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Download or read book Employee Competition written by Paul Goulding and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee Competition: Covenants, Confidentiality, and Garden Leave is a leading authority for employment law practitioners and human resource professionals alike. It provides detailed and comprehensive analysis of the issues encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others. Cited in numerous judgments, this work is widely recognized as the first port of call for all employee competition cases. Written by a team of expert practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners. This new edition has been substantially revised to take into account the wealth of litigation and resulting case law that has emerged since the previous edition published in 2011. New chapters on team moves and economic torts and liabilities of third parties have been included to reflect the increasing importance of these areas in practice. Significant changes will also be covered in the areas of contractual and fiduciary duties of loyalty; confidentiality and database rights; restrictive covenants and deferred remuneration schemes; jurisdiction and applicable law; liquidated damages and penalties; and procedure, especially in relation to injunction applications, disclosure, and costs. Containing checklists, material on drafting, and sample clauses at the end of each chapters, as well as appendices identifying key decisions in the field, this work provides a practical and user-friendly guide to employment covenants. Occasional papers from the authors updating the contents of the book, will appear on the Blackstone Chambers website at http: //www.blackstonechambers.com/practice_areas/employment.html
Download or read book Covenants Not to Compete 5th Edition written by Filipp and published by Wolters Kluwer. This book was released on 2019-10-09 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covenants Not to Compete
Download or read book EMPLOYEE COMPETITION COVENANTS CONFIDENTIALITY AND GARDEN LEAVE written by Paul Goulding QC and published by . This book was released on with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for practitioners specializing in employment law. commercial law and litigation. It provides detailed analysis of all issues encountered in contentious and non-contentious work concerning all forms of competition by employees directors, partners and others, including restructive covenants, confidential information and garden leave.
Download or read book Employment Covenants and Confidential Information Law Practice and Technique written by Selwyn Bloch QC and published by Bloomsbury Publishing. This book was released on 2018-06-04 with total page 1513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Download or read book Post Employment Covenants in Employment Relationships written by and published by Kluwer Law International B.V.. This book was released on 2014-04-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee. The survey’s introductory chapter provides a general review of issues in the context of multiple jurisdictions, followed by countryby-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg, Mexico, The Netherlands, New Zealand, the Slovak Republic, Switzerland, and the United Kingdom.
Download or read book Covenants Not to Compete written by Brian M. Malsberger and published by BNA Books (Bureau of National Affairs). This book was released on 2008 with total page 2280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Covenants Not to Compete written by Anthony C. Valiulis and published by John Wiley & Sons. This book was released on 1985 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains an analysis of restrictive covenants in light of their current and future ramifications, providing the tactics necessary to fight or defend a claim. The law of all 50 states is is discussed, and the text organized by the issue litigated.
Download or read book Covenants Not to Compete written by and published by . This book was released on 1991 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a state-by-state assessment of post-employment restrictions through which employers seek to protect their interests by preventing former employees from entering into competitive employment.
Download or read book Employment Covenants and Confidential Information written by Kate Brearley and published by Bloomsbury Professional. This book was released on 2009 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on UK employment law provides a comprehensive yet practical analysis of the law, practice, and appropriate strategy from both the employer's and employee's point of view. It offers guidance on how to prevent competitive conflicts from arising an
Download or read book Drafting Restrictive Covenants in Employment Contracts written by Ralph Anzivino and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restrictive covenants or non-compete clauses are commonly used in employment contracts to prevent unfair competition. Unfair competition normally takes the form of a former employee soliciting the employer's customers or using confidential information after becoming employed with a competitor of his former employer. Courts and Legislatures have detailed a number of specific requirements that a restrictive covenant in an employment contract must satisfy to be enforceable. For example, an employer must have a 'protectable interest.' An employer can protect confidential information, but how do the courts distinguish the employer's confidential information from that information which an employee can call his own? Restrictive covenant must also be reasonably necessary for the employer's protection. And, restrictive covenants must be reasonable as to time and territory, and not impose an undue hardship upon the employee or offend public policy. Finally, an employment contract normally has multiple restrictive covenants, and the divisibility of such clauses is examined. The purpose of this article is to explain the numerous factors involved in drafting an enforceable restrictive covenant in an employment contract.
Download or read book Covenants Not to Compete written by Brian M. Malsberger and published by BNA Books (Bureau of National Affairs). This book was released on 2002 with total page 1856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Empirical Analysis of Non Competition Clauses and Other Restrictive Post Employment Covenants written by Randall S. Thomas and published by . This book was released on 2017 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment contracts for most employees are not publicly available, leaving researchers to speculate on whether they contain post-employment restrictions on employee mobility, and if so, what those provisions look like. Using a large sample of publicly available CEO employment contracts, we are able to examine these noncompetition covenants, including post-employment covenants not to compete (“CNCs” or “noncompetes”), non-solicitation agreements (“NSAs”), and non-disclosure agreements (“NDAs”). What we find confirms some long-held assumptions about restrictive covenants, but also uncovers some surprises. We begin by discussing why employers use restrictive covenants and examining how the courts have treated them. We then analyze an extensive sample of CEO employment contracts drawn from a large random sample of 500 S&P 1500 companies. We find that 80% of these employment contracts contain CNCs, often with a broad geographic scope, and that these generally last only one to two years. Similarly, we find that NSAs routinely appear in these contracts, barring solicitation of the firm's employees and customers or clients. We demonstrate that NDAs are prevalent and prohibit the CEOs from disclosing unspecified “confidential information.” In addition, we note that there is a strong “California effect,” whereby firms from that state are less likely to put CNCs in employment contracts.Our research also uncovers several previously undocumented trends. First, we see a robust trend in these contracts of more and more restrictive covenants appearing over time and with greatly expanded enforcement rights for the firm. Second, we find clear path dependence for these clauses, with a prior CNC being a convincing predictor of their use in future employment contracts. Third, longer-term contracts are more likely to have CNC clauses than short-term contracts, most probably because the firm has more confidence in making investments in CEOs that are committed to staying for longer periods. We argue that this shows that for some firms the risk of harm from a departing executive may simply be more acute than with other firms.
Download or read book Employment Obligations and Confidential Information written by Gregory K. Steele and published by . This book was released on 2009-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
