Imagine, somewhere in the world, a key employee of a U.S.-based multinational-an executive, say, or a technical expert or sales star-defects, joins a competitor and starts openly competing, divulging trade secrets and luring away former colleagues and customers. Situations like this are why so many multinational employers turn to employment-context restrictive covenants-non-compete, confidentiality, trade secret and non-solicitation agreements.
Structured properly, restrictive covenants can be vital defensive weapons for international business in this information age. But done wrong, would-be covenants can be void-or, worse, might spark fines against the employer. In short, enforcing restrictive covenants across national boundaries is tricky and implicates wildly-different rules from one country to the next.
This webinar offers a toolkit for drafting and enforcing workable restrictive covenants in the international context. The Issues are broken down in two parts: Drafting enforceable restrictive covenants for a foreign jurisdiction abroad, and conquering the choice-of-law challenge inherent in cross-border restrictive covenants-that is, covenants with a geographic scope that spans more than one country, covenants with a border-crossing employee like an expatriate, mobile worker or employee with regional/global responsibilities, and covenants with a choice-of-law clause that implicates some legal regime other than the host country's.
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Prerequisite: No prerequisites requiredLevel: Basic
Delivery Method: Group-Internet
Advanced Preparation: None requiredRecommended CPE Credit: 1.5
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Donald C. Dowling, Jr., a White & Case partner and the Firm’s International Employment Counsel,
Donald C. Dowling, Jr., a White & Case partner and the Firm’s International Employment Counsel, concentrates his practice on cross-border human resources law issues for multinational employers.
D on is one of two lawyers in the US ranked in the top tier (“Leading”) in the only competitive ranking of international labor/employment lawyers, London-based PLC Which Lawyer?, and he is ranked by Chambers as one of the top 34 Labor & Employment lawyers in New York.
Multinationals globalizing their business operations increasingly need to align certain aspects of employment law compliance across borders, and Don has over 15 years of experience managing multiple-jurisdiction employment law compliance initiatives.