Employee Competition: Covenants, Confidentiality, and Garden Leave (3rd edition)

ISBN : 9780199685752

Paul Goulding
864 ページ
171 x 246 mm

Employee Competition: Covenants, Confidentiality, and Garden Leave is a leading authority for employment law practitioners and human resource professionals alike. It provides detailed and comprehensive analysis of the issues encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others. Cited in numerous judgments, this work is widely recognised as the first port of call for all employee competition cases. Written by a team of expert 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, 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 the wealth of litigation and resulting case law that has emerged since the previous edition published in 2011. A new chapter on economic torts and liabilities has been included to reflect the increasing importance of this area in practice. Significant changes will also be covered in the areas of contractual and fiduciary duties of loyalty; confidentiality and database rights; restrictive covenants and deferred remuneration schemes; jurisdiction and applicable law; liquidated damages and penalties; and procedure, especially in relation to injunction applications, disclosure and costs. Containing checklists at the end of each chapter, as well as appendices identifying key decisions in the field, and providing invaluable guidance on computer forensic investigations, forensic accounting, competition law, US law, sample clauses, pre-action letters and advice on drafting restrictive covenants, this work provides a practical and user-friendly guide to employment covenants. Employee Competition Bulletins providing updates on new cases and other topics covered in the book are available on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html


1 Introduction
2 Duties
3 Liabilities of Third Parties
4 Confidential Information and the Database Right
5 Garden Leave
6 Restrictive Covenants
7 Vendor-Purchaser, Partnership, and Other Commercial Agreements
8 Cross-Border Disputes
9 Pre-Action Steps
10 Injunctions and Other Interim Remedies
11 Damages and Other Remedies
12 Practice and Procedure
13 Appendices
Appendix 1 Computer forensic investigations
Appendix 2 Forensic accounting
Appendix 3 Competition law
Appendix 4 US law
Appendix 5-12 Sample clauses and orders
Appendix 13 Case summaries


Paul Goulding QC, Barrister, Blackstone Chambers.