Bloomberg BNA Publishes 2012 Supplements to “Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volumes I and II”

Bloomberg BNA has published the 2012 Supplements to Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I and Volume II, providing country-by-country surveys concerning international restrictive covenants and trade secret laws, the drafting of these covenants, and the enforcement of them in our global workplace.

These two volumes explore the various differences among countries in regulating noncompetition and nonsolicitation provisions and in imposing restrictions related to confidential information and trade secrets, as well as use of garden leave and restrictions on equity compensation. The surveys also analyze privacy concerns that arise when employers try to restrict employees' disclosures, conduct investigations concerning possible violations, or monitor compliance.

Volume I  explores the requirements of many European countries, and its 2012 Supplement offers updated information, including:

• France, with additional court decisions on noncompetes and related issues
• Slovakia, where the Labor Code Amendment introduced a post-employment restrictive covenant into provision
• Hungary, where a New Labor Code provision introduced new legal institutions and provisions with regard to restrictive covenants and duties of the parties during the employment relationship and after its termination
• Turkey, where the new Code of Obligations took effect, changing noncompete rules

Volume II  explores the differences among countries in the Americas, Asia, the Middle East, Oceania, and Africa. Volume II's 2012 Supplement offers updated information, including:

• Australia, where a court upheld an employment contract with a two-year post-employment restraint of trade
• Canada, with new developments in enforceability of noncompetition and nonsolicitation clauses, misuse of confidential information and trade secrets, and monetary and injunctive relief
• Hong Kong, regarding civil court jurisdiction over restrictive covenants in employment contract claims where the employer does not seek an injunction or non-monetary relief
• Mexico, where regulations were issued under the Data Privacy Law

Both volumes are published in cooperation with the International Labor and Employment Law Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at 312.988.5813 or visit www.americanbar.org/groups/labor_law.html.

Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volumes I and II, are edited by Wendi S. Lazar, a partner at Outten & Golden LLP, New York, NY, and Gary R. Siniscalco, a partner in the San Francisco, CA, office of Orrick, Herrington & Sutcliffe LLP.