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Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
This book on UK employment law provides a comprehensive yet practical analysis of the law, practice, and appropriate strategy from both the employer's and employee's point of view. It offers guidance on how to prevent competitive conflicts from arising an
Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Covers the laws surrounding commercial transactions that involve the development, use of commercialisation of technology and associate intellectual property rights. Types of transactions that fall within this category are research and development contracts and intellectual property licences and these form the main focus of the book. Written by experts and describing the many different areas of law that affect technology agreements such as IP, contract law, competition law and tax, this is the leading guide to this complex area of law. The new Fourth Edition has been brought completely up to date including: - Coverage of EU Horizon 2020 replacing Framework 7 funding scheme - General Data Protection Regulation (GDPR) - Updates in line with the Charities Act 2011 - New section on different types of standard agreements available (Lambert, NIHR, EU consortium agreements) - New material dealing with variety of relevant patent legislation: Unitary Patent and Unified Patents Court, the Intellectual Property Act 2014, Legislative Reform (Patents) Order 2014, Patents (Supplementary Protection Certificates) Regulations) 2014 - New material on the EU Trade Secrets Directive - Coverage of Regulations No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC - Addition of research exception (new section 22A) from freedom of information from 1 October 2014 (Freedom of Information Act 2014) - Coverage of Technology Transfer Regulation, 316/2014 and related guidelines
A revised new edition of a popular and long-established textbook, updated to include the most relevant developments in employment law today. This edition sees barrister Tom Brown join Deborah Lockton on the writing team, providing insightful commercial experience into this dynamic field. The text steers readers confidently though the complexities of this diverse subject, highlighting its practical and theoretical underpinnings. The book covers the most recent developments in one of the fastest moving areas of the law, explaining the rights of employees and responsibilities of employers. Reinforced with summaries, exercises and extensive further reading, it helps students get to grips with the subject. An ideal textbook for students on an LLB or GDL/CPE course taking a module on Employment Law. New to this Edition: - A new section on employees and workers in the gig economy and modern day slavery - Brand new section on whistleblowing - New 'hot topics' sections that look in greater depth at some of the most vexed legal questions of our time, provoking further discussion and research
Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Authoritative and accessible, 'Smith & Wood's Employment Law' provides detailed and well-explained coverage on the core areas and key case law. Critique and contextual treatment engages students and helps them to develop a well-rounded and deep understanding of the subject.
As the successor to Smith & Wood's Industrial Law, this book maintains its reputation for both comprehensive coverage and lucidity of presentation. With a new and improved structure and layout, the ninth edition maps closely onto courses in employment law, providing an invaluable resource to students of this complex and fast-moving subject.
The authors provide contextualised discussion throughout and introduce the socio-political pressures affecting this dynamic and fast paced area of law. The topics are introduced with clarity and focus, and have been carefully organized to reflect the structure of employment law courses.
This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.