We advise businesses and senior executives on all aspects of business protection, including confidentiality terms, database rights, fiduciary duties, and post-termination restrictions.
Whether you need to protect your business against unlawful competition by staff, manage a team move without unnecessary risk or extricate yourself from unfair restrictions, you need swift, expert and pragmatic advice. Our Employment team finds creative solutions to achieve results.
Protecting client relationships, workforce stability, and confidential information is crucial in a growing business. One of the most effective ways to do this is with well-drafted business protection clauses, including garden leave provisions, duties to report misconduct, and post-termination restrictions (such as non-compete and non-solicitation clauses). Tailored contracts are an essential component for taking effective action against departing employees seeking to damage the business.
Our Employment team advises on all aspects of business protection and employee fraud, including theft of data. We ensure that our clients have the right contractual terms in place, closely tailored to their business and the employee's role. When they suspect misconduct, we advise them on how to investigate it effectively and lawfully, and what action to take to prevent staff doing further damage. And, when there is evidence of breach, we help them to take robust action to minimise damage to the business, including seeking injunctions to enforce garden leave and post-termination restriction clauses and to prevent breaches of contractual and fiduciary duties.
We work with our colleagues in Dispute Resolution on complex High Court matters, including applications for interim injunctions, delivery of confidential information, and freezing injunctions.
We also regularly advise individuals accused of breaches by their current or former employers, and are often able to extricate them from poorly-drafted or inappropriate restrictions.
We are often instructed by businesses looking to achieve a team move without exposing their business to lengthy and expensive litigation. We find creative ways to manage the risks and achieve our clients' goals.
Advising senior executives in the insurance industry on the enforceability of restrictive covenants in an LLP agreement and related good/bad leaver provisions.
Advising a luxury hotel business on a threatened team move arising from a boardroom dispute.
Providing strategic and tactical advice on the protection of a financial services business against a proposed raid of its staff and clients spearheaded by a former senior executive.
Advising a high-profile real estate business on action to prevent unlawful competitive activity and breaches of fidelity and fiduciary duties by a Head of Department and more junior colleague.
Drafting restrictive covenants in an LLP Deed for a financial services business.
Our Team
Working closely with you, we'll find the best way to get you quickly and easily from where you are to where you want to be.
