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Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume II, with 2013 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 II. Volume 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 Compete, Employee Duty of Loyalty, Tortious 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 2013 Cumulative Supplement includes updates on:

  • Brazil, regarding changes to the Labor Code regarding prior notice periods for termination without cause and employee options for performing work during those periods
  • Canada, in relation to new case law confirming more liberal standards for evaluating the reasonableness of restrictive covenants between parties of similar bargaining power/sophistication in sale-of-business situations, and upholding a choice of law clause regarding a multi-party, multi-jurisdiction employment agreement
  • China, as regards amendments to the Employment Contract Law, the primary national legislation that governs restrictive covenants, in December 2012; and new judicial interpretations of several issues regarding consideration, employee privacy rights, and protection of electronic information
  • Hong Kong, as regards new case law regarding the reasonableness and breadth of noncompetition and nonsolicitation clauses
  • Indonesia, on new implementing regulations regarding phase-in of decent living requirements for workers, outsourcing work, and prohibited positions for expatriate workers under the Law on Manpower, and new regulations issued in response to recent labor strikes
  • Singapore, concerning further clarification of case law relating to the proprietary interest in good will being protected by reasonable restrictive covenants and to damages awards for breach of contract in employment terminations
  • Vietnam, about amendments in 2012 to the Labor Code that affect an array of employment-related issues
  • Saudi Arabia, regarding new law that cancelled the jurisdiction of the Board of Grievances in implementing foreign decisions and arbitral awards and granting that authority to specific enforcement departments and courts
  • South Africa, with a discussion of an additional challenge to the validity of a restraint of trade based on duress in signing an agreement, and the distinction made by courts between duress and “hard bargaining”
  • Australia, on a case in which the Full Federal Court upheld a two-year restraint period because it reasonably accommodated the contractual cycle of the employer

Main Volume Information

2010/1,248 pp. Hardcover/Order #9333P

Supplement Information

2013/274 pp. Softcover/ISBN 9781617463334/Order #2333

 

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 Committee; ABA Section of Labor and Employment Law

Supplement Information

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