Drafting and Enforcing Secure Cross-Border Restrictive Covenants

More than ever, multinationals with cross-border workforces need to take measures to protect their trade secrets, and prevent former employees from soliciting their clients and raiding their employees. But the laws and customs concerning enforcement of non-competes are far from uniform. As the fifty states of the US approach these issues differently, so do jurisdictions overseas. For example, concepts commonplace in Europe, such as "garden leave," are not well understood in the US, either by companies or courts. And, choice of law clauses, which may permit an employer to choose the law governing the dispute (and are commonly enforced in the US), can run afoul of European law. Further, a non-compete clause which is enforceable in one jurisdiction, may not be enforceable in another.

This program will feature highly experienced US, Mexican, and UK employment counsel who routinely advise on the cross-border enforcement of non-competition agreements and other restrictive covenants. The program will include a discussion of the following issues:

• Protecting trade secrets across borders
• Drafting effective non-compete agreements
• Garden leave: how it works overseas and in the US
• Defining a "competitor" and proving an employee has gone to a competitor
• Drafting an air-tight trade secrets policy
• Ensuring confidentiality
• Protecting the company from a mobile executive's ability to compete

Speakers:

• Philip Berkowitz, Shareholder and US International Employment Law Practice Co-Chair, Littler Mendelson, New York
• Oscar De la Vega, Office Managing Shareholder and Latin America Practice Co-Chair, Littler Mendelson, Mexico City
• Christopher Hitchins, Partner, Lewis Silkin, London

Time:
10:00 am – 11:30 am PST
11:00 am – 12:30 pm MST
12:00 pm – 1:30 pm CST
1:00 pm – 2:30 pm EST

Login information will be emailed to registered participants prior to the webinar

Continuing Education: CLE and SPHR pending approval

Questions? Email Keith Upton or call (415) 399-8450