Protection of business interests (including restrictive covenants and confidential information)

UK: Measures to protect confidential information from ex-employees

A High Court has ruled that, in the right circumstances, an employer may be able to obtain an order for the destruction of confidential information taken from it by departing employees and stored on the ex-employees' computers.  The order provided … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Restrictive covenants – BIS call for evidence; EAT ruling confirms unreasonable restraints cannot be bought

As part of an initiative to develop a National Innovation Plan to help make Britain the most attractive place in Europe to start up new businesses, the government is to investigate employment rules that could be stifling small businesses and … Continue reading

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Filed under Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

EU developments: trade secrets and data protection

On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Protection of business interests (including restrictive covenants and confidential information)

Europe: Developments in EU laws on trade secrets and data protection

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Protection of business interests (including restrictive covenants and confidential information)

EU: Will the new Trade Secrets Directive create a unified approach across the EU?

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect … Continue reading

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Filed under Jurisdiction: Cross-border, Protection of business interests (including restrictive covenants and confidential information)

UK: Anti-suit injunctions – Court of Appeal rules that EU jurisdiction rules should prevail over US exclusive jurisdiction clause

The Court of Appeal has overturned a controversial High Court ruling (summarised in our blog post here) concerning the enforcement of non-EU exclusive jurisdiction clauses which conflict with EU jurisdiction rules.

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts

US: SEC targets confidentiality agreements in first-ever whistleblower protection enforcement action

The Securities and Exchanges Commission has settled its first enforcement action against a company for “improperly restrictive language in confidentiality agreements”. SEC Rule 21F-17 prohibits companies from taking any action – including enforcing, or threatening to enforce, a confidentiality agreement … Continue reading

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Filed under Jurisdiction: The Americas, Protection of business interests (including restrictive covenants and confidential information)

Singapore: Breaches of confidentiality and duties of good faith and fidelity

A recent decision of the Singapore High Court has emphasised the value for employers in taking steps to protect confidential information. In Tempcool Engineering (S) Pte Ltd v Vincent Chong, the primary issue was whether the employees misused confidential information … Continue reading

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Filed under Jurisdiction: Asia, Protection of business interests (including restrictive covenants and confidential information)

UK: Court of Appeal due to consider whether US exclusive jurisdiction clause or EU jurisdiction rules should prevail

The Court of Appeal is due to consider whether a UK-domiciled employee's right under EU rules to be sued only in the UK should be given precedence over proceedings in the US pursuant to a US exclusive jurisdiction clause, in … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts

Singapore: Breach of confidentiality and confidence claim

This case revolves around Four Ex-Employees leaving the claimant company, Clearlab SG Pte Ltd ("Clearlab") and joining a rival company, Aquilus Lens International Pte Ltd ("Aquilus"); the key issue is a breach of confidence and the use of confidential information. … Continue reading

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Filed under Jurisdiction: Asia, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts