Very experienced battle hardened practitioners who deliver provide good pragmatic advice”

Legal 500 UK 2023

We understand that the life blood of a business is its confidential information, its clients and its people. We have a depth of experience in the protection of those interests from unfair competition and employee misconduct arising from the misuse of confidential information and potential or actual breaches of post termination restrictive covenants.

We are experts in this complex area of law, and routinely advise clients on the scope and enforceability of their post termination restraints so that they can navigate the potential minefields in this area and enable them to properly protect their legitimate business interests.

The enforceability of post termination restraints turns on the facts of each specific case, and we will provide a clear analysis of the merits in your particular circumstances, so that the business can take an informed decision as to its next steps.

We have extensive experience in the instruction of forensic computer experts and the prosecution of claims and losses arising in the High Court.

The team has particular experience in advising the former employer or the new employer on team moves. As a poaching employer, it is essential that prior to taking any action, the business understands the possible claims that may arise and how those can be mitigated. For the potential target of team moves, we advise on protections that can be implemented to protect those business interests.

We are experts in this complex area of law with a depth of experience advising on all sides of the fence.

If you find yourself in a situation where employees are leaving in concert or short succession, or if you are an employer looking to poach a team, we are here to help. We will provide a clear analysis of the risks that arise in your particular circumstances, so that the business can take an informed decision as to next steps.

Examples of our work:

  • Acting for a boutique insurance company in connection with matters arising from the wholesale theft of confidential company information by two former employees. The matter involved complex cross-border issues, including injunctive proceedings.
  • Advising a tech company on the scope and enforceability of restrictive covenants, non-disclosure agreements and protection of intellectual property. Preparing revised drafts of covenants.
  • Advising an investment property management company partnership on the expulsion of a partner who was diverting maturing business opportunities and the issue of LCIA Arbitration proceedings. The matter was vigorously defended and it involved complex property investment structures but was ultimately settled without the need for a full arbitration hearing and without any compensatory payments by our client.
  • Acting for industry specific headhunting company in respect of the wholesale theft of data by client relationship manager moving to a competitor. Obtained an order for delivery up from the High Court and not withstanding consistent denials by the ex-employee, all confidential information was returned to our client upon service of the High Court Order.
  • Acting for research company poaching a team of 8 from a competitor. Advising in respect of approach strategy and the provision of limited indemnities to the target staff for some specified potential claims arising from a team move.
  • Advising a boutique trading company on appropriate contractual terms to prevent team moves or to enhance legal claims available in the event of a team move.
  • Advising on-line retailer of terms of restrictions to cover non-compete and prohibition of dealing with key suppliers in relevant employee contracts of employment.

Contact our Employment Team
telephone: 020 7691 4000
or email: enquiries@edwincoe.com

It is really a very dynamic professional team of people extremely serious and dedicated.

The Legal 500 2023

It is really a very dynamic professional team of people extremely serious and dedicated.

The Legal 500 2023

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Restrictive Covenants, Confidential Information and Team Moves – Businesses

Strategic employment advice is a key contributor to any business and assists in planning and decision-making. Employees are a valuable asset and the ever-changing environment of employment law means it is vitally important that employers stay abreast of changes and understand their full impact.

At Edwin Coe our employment lawyers recognise the need for timely commercial advice and solutions to employment law issues. We provide a value-for-money, partner-led service, and our specialist team of employment lawyers advise companies, senior executives and individuals on all contentious and non-contentious employment and partnership matters.

As experts in employment law, we work with our clients to resolve their employment issues and have Employment Tribunal and High Court experience. Our employment lawyers are ranked in Chambers & Partners and in Legal 500.

Our clients include large multinationals, start-ups, SMEs, senior executives, individuals and insolvency practitioners. We also work with global clients and have a full understanding of cross-border and cultural issues. Above all, we work with our clients in strictest confidence, to facilitate solutions and achieve their objectives whilst providing a clear and competitive cost structure.

Other Edwin Coe services that may be of interest include:  Immigration, Corporate & Commercial, Private Client and Tax.

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