Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volume I, with 2015 Cumulative Supplement

This is the first in a two-volume set of treatises that gives attorneys detailed guidance on drafting and negotiating restrictive covenants and litigating trade secrets issues at the international level. The set helps both attorneys representing employers and representing employees. Volume I explores the differences between the U.S. and European Countries. Each country-specific chapter is authored by an attorney practicing in that country.


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:

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 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 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 2015 Cumulative Supplement offers updates on:
  • Canada – review of Supreme Court of Canada’s ruling that the enforceability of a restrictive covenant may rest on whether it was negotiated as part of a commercial transaction or as part of an employment contract
  • Philippines – discussion of Data Privacy Law’s application to employers’ handling of personal information
  • Saudi Arabia – analysis of covenants regarding the nonsolicitation of clients and customers
  • Lebanon – review of case adding a condition to the enforceability of the post-employment non-compete



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors. 

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 firm's Employment Group.  



View full tables of contents and read the book’s preface or introduction.

View Description of Volume II

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