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Atypical Worker Restraints and Beyond: Protecting Confidential Information and other Business Interests in Atypical Worker, Independent Contractor, Shareholder and Franchise Relationships

In this podcast, which was recorded on 2 December 2020, David Reade QC (Littleton Chambers, London, UK), David Fisher (Partner, CM Murray LLP, London, UK), Mike Avila (Partner, Fisher Phillips LLP, Philadelphia & Washington D.C. Metro, USA) and guest speaker Myriane Le François (Partner, McCarthy Tétrault LLP, Montréal, Canada) discuss, from their differing experiences and perspectives:

  • Confidentiality and post-termination restrictions for partners, LLP members, contractors and agents
  • Restrictive covenants in share sale and business transfer agreements, including a discussion on restraint of trade
  • Choice of law issues
  • Enforcement in a foreign jurisdiction

This podcast is particularly topical given the UK government’s recent publication of a consultation paper concerning the use of non-compete clauses in the UK, which sets out proposals to consider whether non-compete clauses inhibit innovation, suppress competition and stifle start-ups – a heightened concern in light of the current need to promote economic recovery and stimulate job growth amidst the ongoing pandemic. The panel discusses this recent announcement and considers other jurisdictions’ view on similar matters and the interplay with confidentiality and IP protections, such as California’s ban on non-compete agreements in an attempt to foster growth in the technology sector in particular.

This podcast recording concludes our virtual International Restrictive Covenant and Confidential Information Conference that took place by way of three live, online discussions over September to December this year. It was a great success and provided a unique opportunity to hear from leading experts around the world on international restrictive covenant and confidential information issues for multinational employers, founders and senior executives. We very much hope you enjoyed the series.

If you missed any of the live discussions, you can listen to the recordings of the first two discussions in the series here:

Session 1: Trade Secret Protections in the “New Normal”: Is your Information Secure from Working from Home and Return to Work Mishaps and Misappropriation?

Session 2: The Impact of Global Disruption on Restrictive Covenants, and Protection of Confidential Information and other Business Interests around the World