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Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume II, with 2012 Cumulative Supplement

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Main Volume Information

Drafting and negotiating restrictive covenants or litigating covenants and trade secrets issues at the international level is no simple task. As the global economy continues to expand, it is becoming increasingly challenging for attorneys in the U.S. and in other jurisdictions representing employers to ensure such provisions are enforceable worldwide, and for those representing employees to ensure that their clients are able to retain their mobility in the event of a change in circumstances. 

Now there is a two-volume set of treatises that provides detailed comprehensive assistance for the drafting, negotiating, and litigating process, with information provided by attorneys in key countries around the world: Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I and Volume IIVolume II explores the differences between the U.S. and countries in the Americas, Asia, the Middle East, Oceania, and Africa 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 in this area. The authors also offer key insights on strategies and tactics that are essential to dealing effectively with these issues. Each country-specific chapter is written by highly-regarded local lawyers, and examines:  

  • Applicable country law, international conventions, and treaties
  • Practical issues in drafting restrictive covenants
  • Practical issues, strategies, and tactics in trade secret protection and enforcement 
  • Forum options 
  • Jurisdiction 
  • Discovery 

In addition to the country-specific chapters, the books contain useful overviews including:

  • Confidentiality, Trade Secret, and Other Duties and Restrictive Covenants in a Global Economy, written by editors-in-chief Wendi S. Lazar and Gary R. Siniscalco
  • Regional Overviews offering expert insights of experienced practitioners who served as Regional Editors
Written by members of the International Labor and Employment Law Committee of the ABA Section of Labor and Employment Law, along with numerous country experts, this treatise and its second volume are perfect companions to International Labor and Employment Laws—as they were written by the same committee—and serve well as an international complement to the Bloomberg BNA's State-by-State Survey series: Covenants Not to CompeteEmployee Duty of LoyaltyTortious Interference in the Employment Context, and Trade Secrets. Trust Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume II, for the answers you need to the many complex questions that arise in the context of an increasingly global economy with a growing population of multinational and highly mobile employees.

 

Supplement Information

The 2012 Cumulative Supplement includes updates on:

  • 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

Main Volume Information

2010/1,248 pp. Hardcover/Order #9097P

 

Supplement Information

2012/216 pp. Softcover/ISBN 9781617460975/Order #2097

 

Main Volume Information

About the Editors-in-Chief
Wendi S. Lazar is a partner at Outten & Golden LLP, New York, NY, where she co-heads the firm’s Executives & Professionals Practice Group.
 
Gary R. Siniscalco is a partner in the San Francisco, CA, office of Orrick, Herrington & Sutcliffe LLP and a member of the Employment Group.

International Labor and Employment Law CommitteeABA Section of Labor and Employment Law

Supplement Information

Wendi S. Lazar and Gary R. Siniscalco, Editors-in-Chief; International Labor and Employment Law CommitteeABA Section of Labor and Employment Law