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Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I


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A Supplement to this volume is also available. Order now.

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 I explores the differences between the U.S. and European 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 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 

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
  • The Challenge of Cross-Border Litigation from an EU Perspective, written by Paul Goulding, QC, a noted British barrister who has litigated key cases in Europe and has written his own book on European issues, Employee Competition: Covenants, Confidentiality, and Garden Leave (Oxford University Press)
  • 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 BNA Books 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 I, 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 2013 Cumulative Supplement offers updates on:

  • France, on a Supreme Court ruling that if an employer fails to pay the financial compensation provided by a contract, the employee is entitled to damages
  • Germany, about new case law regarding post-employment nonsolicitation clauses and monetary and injunctive relief
  • Ireland, on a decision of the Irish High Court regarding an application by an employee for a declaration regarding the enforceability of a disputed restraint, possibly the first such application in Ireland
  • Poland, regarding a Supreme Court ruling that actions of third parties aimed at disrupting contractual relations that bind an entrepreneur violated the Unfair Competition Act
  • The United Kingdom, highlighting a rare example of the High Court upholding a restriction contained in an unsigned employment contract, new case law regarding the degree of proof required in nonsolicitation cases, reasonableness of nonsolicitation restrictions for key employees in small businesses, the extent to which emails are property belonging to an employer, and the scope of the duty of fidelity regarding a senior managing director

Main Volume Information

2010/1,254 pp. Hardcover/ABAWEB1926


Supplement Information

2013/322 pp. Softcover/ISBN 978-1-61746-332-7/ABAWEB2332