1-Hour Program

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In today’s technology-focused environment, protecting intellectual property and trade secrets is a business imperative. And because information crosses borders instantaneously, the challenge here is inherently global. This is why so many multinationals insist that executives, sales people and technology developers commit to “restrictive covenants” - non-competes, non-solicitation agreements, confidentiality/non-disclosure promises, intellectual property rights assignments. But how restrictive covenants get enforced - especially after an ex-employee has run off to go work for someone else - varies greatly from place to place. Just ask someone in California. Indeed, the real challenge lies beyond the United States: How on Earth can an employer draft a restrictive covenant in one country that it can enforce elsewhere, in some as-yet-unknown foreign jurisdiction, against an ex-employee who has defected to an overseas competitor?

Please join Donald C. Dowling, Jr., Shareholder at Littler Mendelson P.C. for this fast-paced presentation as he offers insightful drafting tips and practical enforcement strategies for restrictive covenants in the cross border context:

What you will learn:

• How to craft a non-compete or other restrictive covenant to be maximally enforceable across national borders
• Which kinds of restrictive covenant are more universal, and which ones are more inherently local
• Strategies for those jurisdictions that require post-termination payments for a non-compete
• Liquidated damages provisions, flexible choice-of-law clauses, “crystal ball analysis,” and other strategies for cross-border restrictive covenants
• International litigation strategy tips for enforcing a non-compete or other restrictive covenant overseas

Who should attend:

• Business and employment lawyers who advise multinational corporate clients
• Senior human resources experts at multinational corporations
• Technology executives responsible for protecting intellectual property internationally
• Managers responsible for global mobility and expatriate assignments

Credit Details

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