Employee Competition: Covenants, Confidentiality, and Garden Leave

Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members and others. Written by a team of leading 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 and related duties, 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.

Table of Contents:
1: Introduction Aim Structure of the book Restraint of trade 2: Duties Sources of duties Who owns duties? Good faith and fidelity Diverting business opportunities Companies Act 2006 Economic torts and the liabilities of third parties Team moves Checklist 3: Confidential Information and the Database Right The duty of confidence: an overview What is confidential information? Express confidentiality clauses Defences Remedies Database protection Checklist 4: Garden Leave Introduction The rule against specific performance of contracts of personal service The emergence of garden leave Garden leave clauses Imposition of garden leave by the employer Enforcement of garden leave by the court Checklist 5: Restrictive Covenants The general approach to restrictive covenants Incorporating and changing restrictive covenants Is it a restraint? Repudiation Construction Legitimate interests Reasonableness Severance Discretion Restrictive covenants and TUPE Checklist 6: Vendor-Purchaser Agreements, and Other Commercial Agreements Introduction Vendor-purchaser agreements Partnerships Other commercial agreements Checklist 7: The International Dimension Introduction The rules applicable to the relationship between employer and employee The international dimension and the recruiting employer Flow charts 8: Competition, Sport, Human Rights, and Intellectual Property Law Introduction Competition law Sports cases Human rights concepts Intellectual property 9: Pre-Action Steps Introduction The claimant employer The defendant employee The defendant employer 10: Injunctions and Other Interim Remedies Introduction Interim injunctions Other interim orders Final injunctions Contempt of court Checklist 11: Damages and Other Remedies Introduction Compensatory damages for the breach of contract Restitutionary or gain-based damages for breach of contract Contractual damages for breach of confidence Exemplary damages Liquidated damages An account of profits and equitable damages Delivery up and destruction orders Tracing Declarations Alternative remedies - making an election Remedies against a third party Interim payment Checklist 12: Practice and Procedure The Civil Procedure Rules Statements of case Applications for interim relief Disclosure Evidence Trial Judgements and orders Appeals Costs Mediations and settlement Appendices Appendix 1: Computer Forensic Investigations Appendix 2: Sample Employee Duties Clauses Appendix 3: Sample Confidential Information Clauses Appendix 4: Sample Garden Leave Clauses Appendix 5: Sample Particulars of Claim and Interim Injunction in Garden Leave Case Appendix 6: Drafting Restrictive Covenants: A Note Appendix 7: Sample Restrictive Covenants (Employment) Appendix 8: Sample Restrictive Covenants (Share and Business Sale and Partnership) Appendix 9: Sample Pre-Action Letters Appendix 10: Sample Witness Statement in Support of Application for Interim Injunction to Restrain Breach of Restrictive Covenant Appendix 11: Sample Prayer for Relief for Inclusion in Particulars of Claim Appendix 12: Summaries of Cases on Restrictive Covenants

About the Author :
Paul Goulding QC is a leading silk in employment and sports law at Blackstone Chambers. He is a former Chairman of the Employment Lawyers Association, a Specialist Member of the Football Association Judicial Panel and has twice been shortlisted for The Lawyer Barrister of the Year Award.

Review :
`Foreword to the first edition Readers of this book will find a clear and detailed exposition of the relevant principles, thoughtful analysis, and wise advice. I confidently expect that this book will very quickly become the indispensable text for lawyers operating in this area."' Sir Patrick Elias, Lord Justice of Appeal