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Cross-Border Non-Competes and Other Restrictive Covenants



Thursday, May 24, 2012
Product Code - INAU01
Speaker(s): Donald C. Dowling, Jr., a White & Case partner and the Firm’s International Employment Counsel,
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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.

  • First, as to drafting enforceable restrictive covenants for a foreign jurisdiction abroad, the speakers will analyze restrictive covenant law around the world as to the seven core issues: (1) public policy (2) consideration (3) garden leave (4) remedies (5) competition/antitrust (6) red/blue pencil clauses, and (7) quirky local constraints.
  • Then, as to conquering the choice-of-law problem inherent in cross-border restrictive covenants, the speakers will distinguish the problems inherent with choice-of-law clauses in the cross-border restrictive covenant context from the more determinative concept of isolating the most relevant jurisdiction.

Register quickly and easily online  to secure your space now. Or, please call 1-800-372-1033 option 6, then sub-menu option 1, and refer to date and title of conference. Lines are open Monday through Friday from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don't miss this opportunity to hear a lively, dynamic presentation. Not only are Webinars an excellent way for you to stay current; with Bloomberg BNA you also get:

  • Quality. Count on it. Nothing is canned.
  • Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don't use our Webinars as a forum to sell outside solutions.
  • Affordability. Bloomberg BNA Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in-all for the price of a single registration.
  • Convenience. No airlines. No travel. No time out of the office.

In addition, you'll receive:

  • Personal attention. Once you've registered, send your questions in advance to rbronson@bna.com and they'll be included in the program. You'll also have a chance to ask your questions during the Webinar.
  • Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow up e-mail with contact information for our speakers, as well as other materials related to the topic.
  • 1.0 CPE or 1.5 HRCI credits by attending this Webinar. Find out how.

 CPE HRCI

Bloomberg BNA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.  State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org

Prerequisite: No prerequisites required
Level:
 Basic

Delivery Method: Group-Internet

Advanced Preparation: None required
Recommended CPE Credit:
 1.5

Recordings of the program do not qualify for CPE credits. For more information regarding administrative policies such as complaint and refund, please contact our offices at 800-372-1033.

Donald C. Dowling, Jr., a White & Case partner and the Firm’s International Employment Counsel,

 Dowling
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.