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Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information

Author: Pascal Lagesse

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 270

ISBN-13: 9041125469

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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.

Book Synopsis Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information by : Pascal Lagesse

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.

Employees, Trade Secrets and Restrictive Covenants

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2016-11-24

Total Pages: 370

ISBN-13: 9041183809

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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.

Book Synopsis Employees, Trade Secrets and Restrictive Covenants by : Christopher Heath

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.

Employment Covenants and Confidential Information: Law, Practice and Technique

Author: Selwyn Bloch QC

Publisher: Bloomsbury Publishing

Published: 2018-06-04

Total Pages: 1513

ISBN-13: 1784512346

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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.

Book Synopsis Employment Covenants and Confidential Information: Law, Practice and Technique by : Selwyn Bloch QC

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.

Post-Employment Covenants in Employment Relationships

Author:

Publisher: Kluwer Law International B.V.

Published: 2014-04-15

Total Pages: 408

ISBN-13: 9041152563

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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.

Book Synopsis Post-Employment Covenants in Employment Relationships by :

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.

Covenants Not to Compete, 5th Edition

Author: Filipp

Publisher: Wolters Kluwer

Published: 2019-10-09

Total Pages: 1360

ISBN-13: 1543813194

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Covenants Not to Compete

Book Synopsis Covenants Not to Compete, 5th Edition by : Filipp

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

International Bank Insolvencies:A Central Bank Perspective

Author: Mario Giovanoli

Publisher: Springer

Published: 1999-09-29

Total Pages: 488

ISBN-13:

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The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.

Book Synopsis International Bank Insolvencies:A Central Bank Perspective by : Mario Giovanoli

Download or read book International Bank Insolvencies:A Central Bank Perspective written by Mario Giovanoli and published by Springer. This book was released on 1999-09-29 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.

Employment Covenants and Confidential Information

Author: Kate Brearley

Publisher: Bloomsbury Professional

Published: 2009

Total Pages: 783

ISBN-13: 9781845920418

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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

Book Synopsis Employment Covenants and Confidential Information by : Kate Brearley

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

Covenants Not to Compete

Author: Brian M. Malsberger

Publisher: BNA Books (Bureau of National Affairs)

Published: 2008

Total Pages: 2280

ISBN-13:

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Book Synopsis Covenants Not to Compete by : Brian M. Malsberger

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:

Covenants Not to Compete

Author: Brian M. Malsberger

Publisher: BNA Books (Bureau of National Affairs)

Published: 1996

Total Pages: 1288

ISBN-13:

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2/16/01 SUBSCRIPTION CANCELLED BY ANNE.

Book Synopsis Covenants Not to Compete by : Brian M. Malsberger

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 1996 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2/16/01 SUBSCRIPTION CANCELLED BY ANNE.

State Antitrust Law

Author: William T. Lifland

Publisher: Law Journal Press

Published: 1984

Total Pages: 564

ISBN-13: 9781588520227

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Book Synopsis State Antitrust Law by : William T. Lifland

Download or read book State Antitrust Law written by William T. Lifland and published by Law Journal Press. This book was released on 1984 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: