Details
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 recognised 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.
1. Introduction
2. Duties
3. Team Moves
4. Liabilities of Third Parties
5. Confidential Information and the Database Right
6. Garden Leave
7. Restrictive Covenants
8. Vendor-Purchaser, Partnership, and Other Commercial Agreements
9. The International Dimension
10. Pre-Action Steps
11. Injunctions and Other Interim Remedies
12. Damages and Other Remedies
13. Practice and Procedure
14. Appendices
Paul Goulding QC, Barrister, Blackstone Chambers.
"Foreword from the third edition In his foreword to the first edition of Employee CompetitionSir Patrick Elias said that he expected it to become indispensable. That prediction has come true. One of the great strengths of Employee Competition is that it adopts a clear and carefully thought-out analytical structure to bring order to this disparate mass of law." - Sir Nicholas Underhill, Lord Justice of Appeal, 2016
"Review from previous edition Employee Competition: Covenants, Confidentiality and Garden Leave makes any other work on this subject a luxury, says Stephen Levinson. Four years on from reviewing the first edition, he finds it hard to find new superlatives." -Stephen Levinson, ELA Briefing, June 2011
"...an exemplary service, and definitely a 'what to do' book!" - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
"...needs to be read and understood by all employment lawyers and those interested in the further evolution of the laws governing relationships at work." - Graham Clayton, Law Gazette
"Foreword from 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
