Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the breakout session, ‘Business Protection: The Top 5 Things you Need to Know Right Now on Restrictive Covenants and Confidential Information’.
In this lively and insightful discussion between the IFSEA annual conference panellists, this brilliant panel explore developments and practical issues on restrictive covenants in their jurisdictions:
Mark Risk, Mark Risk P.C, USA, New York
Jennifer Millins, Mishcon de Reya, UK
Jeffrey E. Goodman, Mathews, Dinsdale & Clark LLP, Canada
Inge Derde, Van Eeckhoutte, Taquet & Clesse, Belgium
In particular, the panel discuss:
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The origins of post-termination restrictions in different jurisdictions: are they developed through common law or statute and where does the burden of proof lie to enforce them?
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To what extent will the courts enforce post-termination restrictions, how far do the restrictions go to offer protection for businesses and what are the tests for enforceability across the relevant jurisdictions?
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The suitability and application of garden leave as an alternative to restrictive covenants.
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What does the future hold in this area, from proposed legislation to the imposition of new regulations and are we seeing a decline in post-termination restrictions?
We also thank Ming Evans (Smiths Group Plc, UK) who was unable to join the podcast, but attended as a panellist on the day of the conference and provided excellent insights.
