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Global business protection: legal principles and strategy

Who should attend

This course is aimed at in-house lawyers and HR professionals with a multi-jurisdictional remit, who have responsibility for employment contracts and enforcement of restrictive covenants in an employment context.

Synopsis

In the increasing war for talent, businesses have to be more proactive than ever in protecting their business interests, whether that is their confidential information, trade connections or the stability of their workforce.

With a historic lack of regulation in this area, different countries have entirely different approaches to concepts like garden leave and restrictive covenants, but there are some common themes. There are also fundamental changes proposed in the US and Europe with legislators seeking to abolish or restrict the use of non-competition clauses, which could significantly reduce the protection available for employers going forward.

This course will focus on the US, the UK, Germany, France and UAE and will help delegates identify the different approaches across jurisdictions, the potential gaps in their current contractual protection or practices, and the steps they need to take if a business critical issue comes to light.

Please note that the course programme will run over two days (2 x 3 hour sessions). Day 1 will take place on 28 March and Day 2 will take place on 29 March 2023.

Programme

Day 1

14:00 start, 17:00 close (UK time)

  • Return of property and confidential information
  • The use of garden leave and payments in lieu of notice – where are they lawful?
  • Restrictive covenants – to what extent do they work in different jurisdictions?
  • Global non-competes – are they possible? 
  • Team moves

Day 2

14:00 start, 17:00 close (UK time)

  • Practical steps to take when a key employee announces they are leaving
  • Is action against the new employer possible / strategically advisable?
  • Enforcement - what remedies are available and what are the associated costs

There will be a comfort break during each of the sessions.

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