The third session of the IFSEA 2021 Virtual Conference was an engaging discussion providing key insights for Senior Executives and Founders on Confidential Information and Restrictive Covenant issues, with perspectives from France, Sweden, the US and UK. Some of the key takeaways from the session included:
- Non-compete & non-solicitation Restrictive Covenants are, generally, impermissible in California. In New York, reasonably tailored Restrictive Covenants may be enforced, often via “microscopic” injunction litigation.
- France and Sweden require employers to pay part of the Executive’s salary if they choose to use non-compete Restrictive Covenants.
- In England, Executives who take confidential information could face disqualification as a director, civil claims and injunctions, without notice search orders (the first you’ll hear of it is when the doorbell goes) and even criminal liability for data protection breaches.
- The “commercialisation of espionage” has arrived with the ease of mobility of data and remote work forces. It is, therefore, imperative that Founders safeguard their confidential information like an ice cube, or risk trying to safeguard a pool of water when it’s too late! – label it, encrypt it and make contractual provision for its protection.
Thank you again to our expert panel of speakers for a superb session:
Mark Risk, Principal, Mark Risk PC (New York, USA)
Jessica Riggin, Partner, Rukin Hyland & Riggin LLP (California, USA)
Jane Colston, Partner, Brown Rudnik LLP (UK)
Mathilde Houet-Weil, Avocat à la Cour, Weil & Associés (France)
Carl-Fredrik Hedenström, Partner, Morris Law (Sweden)
Emma Bartlett, Partner, CM Murray LLP (UK) (Chair)
The second International Forum of Senior Executives and Founders (IFSEA) Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders was held virtually from Tuesday, 2 February – Tuesday, 16 March 2021. This unique specialist conference ran as a series of virtual international expert panels and two networking events per week, bringing together over 65 leading global experts from 13 countries around the world to discuss issues commonly faced by international Senior Executives and Founders, particularly during these times of global crisis, disruption and opportunity.
View other sessions from the IFSEA 2021 Virtual Conference here.
Find out more about the International Forum of Senior Executive Advisers and become a member here.