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In the information age, an imperative among all sophisticated businesses is protecting the organization from rogue employees and (especially) ex-employees. Inevitably, the key tool here is a tough and enforceable restrictive covenant?non-compete, non-solicit, confidentiality and IP/work-for-hire agreement. But “it’s a whole other world out there,” in that restrictive covenants do not work overseas in the same ways we are used to stateside. And in the cross-border context, unpredictable enforcement issues inevitably emerge.
Please join Donald C. Dowling, Jr., Shareholder at Littler Mendelson P.C. for this fast-paced session which is a workshop for how to craft, and enforce, state-of-the-art restrictive covenants around the world.
What you will learn:
- Restrictive covenant law outside the United States: How non-compete, non-solicit, confidentiality and IP/work-for-hire agreements work overseas?during and after employment (15 minutes)
- “Garden leave,” liquidated damages and other strategies for jurisdictions that hold non-competes void?or that don’t reliably grant injunctions (15 minutes)
- How to understand, draft and enforce a restrictive covenant with a regional or global “geographic footprint” stretching across countries: “Relevant jurisdictions” analysis and rethinking the choice-of-law/choice-of-forum clause (15 minutes)
- Special scenarios?restrictive covenants in: expatriate arrangements; international benefits/equity plans; overseas independent contractor agreements; international M&A deals (15 minutes)