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Book Cover
E-book
Author Bloch QC, Selwyn, author

Title Employment Covenants and Confidential Information : Law, Practice and Technique / Selwyn Bloch QC, Kate Brearley
Edition Fourth edition
Published London : Bloomsbury Professional, 2018
©2018

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Description 1 online resource (864 pages)
Contents Intro -- Preface -- Table of Statutes -- Table of Statutory Instruments -- Table of Cases -- 1. Aim and synopsis of the book -- Introduction -- 1. General structure of this book -- 2. Balancing the interests of employer and employee: an introduction -- 3. Balancing the interests of an ex-employer and ex-employee: introduction -- 4. Rejection of proposed legislative intervention -- 2. The employment relationship -- Introduction -- 1. Who is an employee? -- 2. The creation of the contract of employment -- 3. The implied duty of fidelity -- A. Introduction: the duty of fidelity
B. The duty of fidelity and business protection -- 1. Competition during employment -- 2. Preparations during employment to compete after employment has ended -- 3. Preparatory activity during garden leave -- 4. Duty of disclosure to the employer -- Appendix to Chapter 3. Preparatory activity during employment to compete after employment -- 4. Employee fiduciary duties -- Introduction -- 1. When does an employee who is not a director owe fiduciary duties? -- 2. Scope of fiduciary duties -- 5. Express terms of the contract of employment -- Introduction
1. Terms recording/extending obligations included within the duty of fidelity -- 2. Terms which define the employee's role -- 3. Terms pertaining to termination -- 6. Confidential information -- Introduction -- 1. Requirements of confidential information -- 2. Distinction between trade secrets, mere confidential information and skill and knowledge: detail -- 3. Express confidentiality covenants -- 4. Confidential information must be properly identified -- 5. Restricted shelf life of confidential information -- 6. Confidential information received by third parties
7. Injunctions to protect confidential information affecting vested rights of third parties -- 8. Confidential information disclosed in pre-employment period -- 9. Jointly owned confidential information -- 10. Defences -- Appendix to Chapter 6. Examples of cases showing the difference between confidential information and general skill and knowledge -- 7. Database rights -- Introduction -- 1. Databases qualifying for the database right -- 2. Infringement of the database right -- 3. Duration of the database right -- 4. Ownership of the database -- 5. Remedies -- 6. Allocation of claims
8. Practical steps to protect the employer's interests during employment -- Introduction -- 1. Ensuring that the employee is motivated and properly rewarded during employment -- 2. Maximising the possibility of detecting competitive activities during employment -- Appendix 1 to Chapter 8. Remuneration in the financial services sector and corporate governance requirements for executive pay in listed companies -- Appendix 2 to Chapter 8. Is there a general right to privacy in the workplace? -- Appendix 3 to Chapter 8. Guidelines for maintaining confidentiality -- 9. Termination of employment
Notes Chapter 1 Aim and synopsis of the bookChapter 2 The employment relationshipChapter 3 The implied duty of fidelityChapter 4 Employee fiduciary dutiesChapter 5 Express terms of the contract of employmentChapter 6 Confidential informationChapter 7 Database rightsChapter 8 Practical steps to protect the employer's interests during employmentChapter 9 Termination of employmentChapter 10 Legitimate protection for the ex-employerChapter 11 Reasonableness of express covenantsChapter 12 Drafting restrictive covenantsChapter 13 Introducing/varying restrictive covenantsChapter 14 Interim remedies: generalChapter 15 Specific interim remediesChapter 16 Final remediesChapter 17 International elementsChapter 18 Discovering competitive activity: the immediate practical issuesChapter 19 Team movesIndex
Subject Covenants not to compete -- Great Britain
Confidential business information -- Law and legislation -- Great Britain
Labor contract -- Great Britain
Employment & labour law.
Law -- Labor & Employment.
Confidential business information -- Law and legislation
Covenants not to compete
Labor contract
Great Britain
Form Electronic book
Author Brearley, Kate, author
ISBN 9781784512330
1784512338