Restrictive Covenants & Employee Competition
Our specialist Employee Competition Group acts for employers and senior executives/partners. We bring a unique multi-disciplinary approach to protecting against, enforcing and defending competition proceedings in the High Court, whether for breach of confidence, fiduciary duties or post-termination restrictive covenants. We believe our clients’ interests are best served by putting in place the right team from the outset of each matter, drawing together experts from all relevant practices, including:
- employment law
- commercial litigation
- regulatory disputes
- data protection
- reputation management
- intellectual property litigation
Our legal expertise
Our specialist employee competition lawyers help businesses protect their clients, confidential information, ip rights and employees. We also advise employees and teams moving to a new business to defend claims brought by their former employers. Acting for both sides in these cases allows us to understand pressure points that may affect the other parties, to anticipate the steps they may take and to devise effective strategies. We apply our expertise to pursuing or defending claims robustly, commercially and tactically.
Our services for employers
We understand that your confidential information, clients and people are the life blood of your business. Our specialist team will ensure that you receive the best legal and strategic advice to protect you against the commercial threat posed by departing employees. Our work includes:
- Preventative advice including drafting and advising on notice periods, garden leave and restrictive covenants;
- Providing strategic advice on discovery of a threat that your employees may be moving to a competitor;
- Seeking injunctive relief;
- Bringing claims for breach of confidence, fiduciary duties and restrictive covenants;
- Advising on contentious hires, for example where the hire of a team is in contemplation or senior individuals are subject to non-compete obligations.
- advising on infringement of IP rights
Many of the cases we work on are resolved before becoming public and benefit from the strategic advice we provide to achieve settlements out of court that protect our clients’ business. Where a settlement cannot be achieved we are well-resourced to act rapidly and litigate robustly.
Our services for senior executives, partners and teams
We have market-leading Senior Executive and Partnership practices and advise senior executives and partners on entry and exit matters (often including the negotiation of restrictive covenants). We have significant experience advising clients who are accused of breaching their employment obligations and post termination restrictions.
Being faced with allegations of misuse of confidential information or breach of your restrictive covenants can be extremely stressful given the risks and costs of dealing with litigation and potentially also regulatory and reputational issues. Our specialist team will support you every step of the way with legal and tactical advice to manage the risks and to achieve an outcome that allows you to move forward with your career.
