Restrictive covenants and team moves

Overview

We understand the need to protect the value in your business. The illicit poaching of staff or clients, misuses of confidential information and breaches of non-competition provisions may require applications for interim injunctions and speedy trials in the High Court.

The case law in this area, particularly in the context of team moves, is rapidly changing, so it’s vital that your advisers are up to date on the latest developments. Few firms can match our expertise in advising on restrictive covenants, whether in the employment, LLP or consultancy context.

In this field it is particularly important to act quickly and decisively and to assemble the right team at an early stage. We are experienced in working with barristers, forensic investigators, accountants and other specialists to create a project team with a clear and unified purpose.

Services

Our services include:

  • drafting and negotiating the right restrictions to protect your key interests, maximising the likelihood of your contracts being enforced by the Courts;
  • training senior management on how to spot preparatory steps ahead of a team move or co-ordinated exit;
  • making and defending injunction applications;
  • managing the acquisition of new talent and minimising the risks of litigation while being conscious of the commercial reasons for the hire;
  • liaising seamlessly with other experts to provide the right team; and
  • managing litigation from the initial injunction application through disclosure to full trial.

Recognition

  • "Clients say: 'they have a really high-level and skilled team. They adopt a problem-solving approach to serious problems'."

    Chambers UK 2014

  • "This team receives plaudits from market sources for its pragmatic, efficient and effective approach."

    Chambers UK 2013

  • "Macfarlanes LLP is appreciated for its ‘first-class input into decision-making’."

    The UK Legal 500 2012

Twitter

Follow Macfarlanes Employment Team @MacfarlanesEmp
on Twitter