Employee competition : covenants, confidentiality, and garden leave

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書誌事項

Employee competition : covenants, confidentiality, and garden leave

edited by Paul Goulding

Oxford University Press, 2011

2nd ed

大学図書館所蔵 件 / 全3件

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注記

Includes index

内容説明・目次

内容説明

Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others. Written by a team of leading 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 and related duties, 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 a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been substantially revised to take account of recent case law including Tullett Prebon v BGC. There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker. Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants. Occasional papers from the authors updating the contents of the book , will appear on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html.

目次

  • 1. Introduction
  • Aim
  • Structure of the book
  • Restraint of trade
  • 2. Duties
  • Sources of duties
  • Who owns duties?
  • Good faith and fidelity
  • Diverting business opportunities
  • Companies Act 2006
  • Economic torts and the liabilities of third parties
  • Team moves
  • Checklist
  • 3. Confidential Information and the Database Right
  • The duty of confidence: an overview
  • What is confidential information?
  • Express confidentiality clauses
  • Defences
  • Remedies
  • Database protection
  • Checklist
  • 4. Garden Leave
  • Introduction
  • The rule against specific performance of contracts of personal service
  • The emergence of garden leave
  • Garden leave clauses
  • Imposition of garden leave by the employer
  • Enforcement of garden leave by the court
  • Checklist
  • 5. Restrictive Covenants
  • The general approach to restrictive covenants
  • Incorporating and changing restrictive covenants
  • Is it a restraint?
  • Repudiation
  • Construction
  • Legitimate interests
  • Reasonableness
  • Severance
  • Discretion
  • Restrictive covenants and TUPE
  • Checklist
  • 6. Vendor-Purchaser Agreements, and Other Commercial Agreements
  • Introduction
  • Vendor-purchaser agreements
  • Partnerships
  • Other commercial agreements
  • Checklist
  • 7. The International Dimension
  • Introduction
  • The rules applicable to the relationship between employer and employee
  • The international dimension and the recruiting employer
  • Flow charts
  • 8. Competition, Sport, Human Rights, and Intellectual Property Law
  • Introduction
  • Competition law
  • Sports cases
  • Human rights concepts
  • Intellectual property
  • 9. Pre-Action Steps
  • Introduction
  • The claimant employer
  • The defendant employee
  • The defendant employer
  • 10. Injunctions and Other Interim Remedies
  • Introduction
  • Interim injunctions
  • Other interim orders
  • Final injunctions
  • Contempt of court
  • Checklist
  • 11. Damages and Other Remedies
  • Introduction
  • Compensatory damages for the breach of contract
  • Restitutionary or gain-based damages for breach of contract
  • Contractual damages for breach of confidence
  • Exemplary damages
  • Liquidated damages
  • An account of profits and equitable damages
  • Delivery up and destruction orders
  • Tracing
  • Declarations
  • Alternative remedies - making an election
  • Remedies against a third party
  • Interim payment
  • Checklist
  • 12. Practice and Procedure
  • The Civil Procedure Rules
  • Statements of case
  • Applications for interim relief
  • Disclosure
  • Evidence
  • Trial
  • Judgements and orders
  • Appeals
  • Costs
  • Mediations and settlement
  • APPENDICES
  • Appendix 1: Computer Forensic Investigations
  • Appendix 2: Sample Employee Duties Clauses
  • Appendix 3: Sample Confidential Information Clauses
  • Appendix 4: Sample Garden Leave Clauses
  • Appendix 5: Sample Particulars of Claim and Interim Injunction in Garden Leave Case
  • Appendix 6: Drafting Restrictive Covenants: A Note
  • Appendix 7: Sample Restrictive Covenants (Employment)
  • Appendix 8: Sample Restrictive Covenants (Share and Business Sale and Partnership)
  • Appendix 9: Sample Pre-Action Letters
  • Appendix 10: Sample Witness Statement in Support of Application for Interim Injunction to Restrain Breach of Restrictive Covenant
  • Appendix 11: Sample Prayer for Relief for Inclusion in Particulars of Claim
  • Appendix 12: Summaries of Cases on Restrictive Covenants

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