PARTNER RESTRICTIVE COVENANTS
We have market leading experience advising on partner restrictive covenants. We advise firms who wish to enforce those restrictions, or firms who wish to hire partners who are subject to restrictions.
We advise on the likely enforceability or otherwise of partner restrictive covenants, the tactical handling and available approaches and also how such matters tend to be resolved in practice.
We have extensive experience in advising on cross-border restrictive covenant matters where, for example, English law restrictions may conflict with foreign constitutional law or other local laws on restraint of trade, or with overseas professional conduct and ethics rules. We regularly work with overseas lawyers who are expert in restrictive covenant matters.
- Clare Murray and Esther Martin advised a professional services firm on the exit of a senior equity partner who wanted to lead a team move from his firm, including taking his associates and clients, in breach of his partnership obligations and restrictive covenants.
- David Fisher advised a high profile recruitment firm on the modernisation of their LLP Agreement including the partner restrictive covenants.
- Bettina Bender advised a UK firm in the context of a proposed partner team move from a competing firm to set up a new law firm office site. The Partners were subject to extensive restrictive covenants and notice provisions.
- David Fisher advised in relation to a departing partner facing injunction proceedings in the High Court to enforce lengthy restrictive covenants.
- David Fisher advised on the TUPE and restrictive covenant issues arising from a law firm’s acquisition of a team of associates and a salaried partner, as part of a partner team move.