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Restrictive Covenants
  1. Restrictive Covenants

    Many employment contracts include post-termination restrictive covenants as organisations are keen to try to protect their confidential information, customer base and key employees.

    We advise senior employees on post termination restrictions, both at the point of negotiating the restrictions and when an employee is leaving his or her employment. We also advise employees where their former employer suspects that post termination restrictions may have been breached and seeks to enforce these.

    We have particular expertise in:

    • Negotiating non-disclosure covenants and advising on employee confidentiality obligations
    • Negotiating and advising on post termination restrictions covering the non-poaching of employees, non-solicitation and non-dealing with customers and suppliers and non-competition
    • Responding to allegations from former employers who are seeking to enforce restrictive covenants following an employee's departure
    • Defending High Court injunctions to prohibit the use of confidential information and enforce post termination restrictions, including springboard injunctions (preventing competitors gaining an unfair competitive advantage) 
    • Drafting non-disclosure covenants and advising on employee confidentiality obligations during employment and following the termination of employment
    • Drafting and advising on post termination restrictions covering the non-poaching of employees, non-solicitation and non-dealing with customers and suppliers and non-competition
    • Obtaining undertakings from employees to refrain from breaching post termination restrictions
    • Commencing and defending High Court injunctions to prohibit the use of confidential information and enforce post termination restrictions, including springboard injunctions (preventing competitors gaining an unfair competitive advantage)
    • Advising employers on preventing team moves

     

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