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

Trade Secrets – short video on the impact of the new UK Regulations in IP and employment contexts

Here’s a short video made for Practical Law, in which Herbert Smith Freehills IP and Employment Professional Support Consultants, Rachel Montagnon and Anna Henderson, discuss the impact of the UK’s recent Trade Secrets (Enforcement etc) Regulations 2018 and practical approaches to protecting confidential information and … Continue reading

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

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Remuneration (including bonus and incentive plans)

UK: dismissal of trade union representative for misuse of confidential information automatically unfair

The Court of Appeal has ruled that the protection against unfair dismissal for taking part in trade union activities should be interpreted broadly and will not necessarily fall away where the activity involves misconduct. In Morris v Metrolink a trade … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

Hong Kong: The Requirement of Being ‘Fit and Proper’

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these requirements will apply to certain individuals who are subject to the oversight of financial services regulators such as … Continue reading

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

UK: Supreme Court rules that negotiating damages will not be available for breach of employment covenants in most cases

Negotiating damages (or ‘Wrotham Park’ damages) are damages for such amount as would notionally have been agreed between the parties, acting reasonably, as the price for releasing one party from its contractual obligations. The Supreme Court in Morris-Garner v One … Continue reading

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

Germany: Employers can dismiss employees with shares in competitors

Under German law, an employee having a major influence on a competing company can justify a termination for good cause with immediate effect of an employee. In a recent judgement in April 2017, the Higher Regional Labour Court of Schleswig … Continue reading

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

Hong Kong: Who owns employees’ work product?

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how … Continue reading

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

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction.

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

UK: Employee documents created using employer’s IT systems may not be privileged against the employer

Simpkin v The Berkeley Group Holdings plc highlights the potential benefits for employers of a clear and comprehensive IT policy, referred to in the employment contract and signed by an employee, which provides that emails and documents sent using the … 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 – non-competes should not prevent minority shareholdings; non-solicits should usually only apply to individuals with whom the employee dealt

Employers should check that their template restrictive covenants prohibiting being directly or indirectly engaged or ‘concerned’ or ‘interested in’ competing businesses expressly carve out and permit minor shareholdings. The Court of Appeal has overruled a High Court decision in Egon … Continue reading

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