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Employee Competition: Covenants, Confidentiality, and Garden Leave, by Paul Goulding QC
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Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practicing in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others.
Written by a team of leading 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 and related duties, 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 a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been substantially revised to take account of recent case law including Tullett Prebon v BGC.
There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker.
Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants.
- Sales Rank: #5740909 in Books
- Published on: 2011-06-15
- Original language: English
- Dimensions: 6.90" h x 1.90" w x 9.80" l, .0 pounds
- Binding: Hardcover
- 721 pages
Review
Employee Competition: Covenants, Confidentiality, and Garden leave (2nd Edition) makes any other work on this subject a luxury, says Stephen Levinson. Four years on from reviewing the first edition, he finds it hard to find new superlatives. Stephen Levinson, ELA Briefing, June 2011 an expemplary service, and [it] is definitely a 'what to do' book! Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers ...needs to be read and understood by all employment lawyers and those interested in the further evolution of the laws governing relationships at work. Graham Clayton, Law Gazette
About the Author
Paul Goulding QC is a leading silk in employment and sports law at Blackstone Chambers. He is a former Chairman of the Employment Lawyers Association, a Specialist Member of the Football Association Judicial Panel and has twice been shortlisted for The Lawyer Barrister of the Year Award.
Most helpful customer reviews
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What to do
By Phillip Taylor MBE
WHEN EMPLOYEES SET UP COMPETITION WITH THEIR EMPLOYER – WHAT TO DO?
An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Under the editorship of Paul Goulding QC, this erudite and authoritative volume from the Oxford University Press on employee competition is a collaborative work.
Presenting the collective knowledge and expertise of twenty-three learned contributors mainly from Blackstone Chambers and Olswang, it offers a dual perspective: that of both barristers and solicitors – plus the two contributions from Strotz Friedberg, formerly DGI Forensics. Lord Justice Elias, who has contributed so much to the law of employee competition, has written a new Foreword to this edition, stressing in particular the eminently useful, practical and ‘user friendly’ approach taken by this book.
Since the first edition of ‘Employee Competition’ was published four years ago, this new second edition, aims to help practitioners meet the emerging challenges inherent in employee competition, particularly those emanating from cross border litigation.
In so doing the book responds to the increasingly important international dimension within employee competition, namely – to quote the editor --‘litigation to enforce restrictive covenants and protect trade secrets’.
As Elias has said, the book addresses, in addition to a multiplicity of other matters, the increasingly common problem of, for example, an employer who ‘suffers the loss of a team of employees who move en bloc to a rival or to set up in competition’.
In the words of Elias, this is a work which in ‘providing solutions to everyday problems’, and is of value to academic and practitioner alike. Equally valuable are the extensive tables of cases and legislation and the no less than twelve appendices which include sample clauses for every foreseeable contingency you will encounter, from Confidential Information Clauses and Garden Leave Clauses to sample Pre-action letters, sample Restrictive Covenants (employment) and of course, more.
As ‘Employee Competition’ covers the major developments in law and practice in this field in 12 main chapter headings and 12 excellent appendices to the beginning of October 2010, you can keep even more up to date and certainly up to the minute in this area via the Internet. Occasional new papers can, additionally, be accessed via the Blackstone Chambers Website.
That’s what we would call an exemplary service, and is definitely a ‘what to do’ book!
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