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Global Business Protections 2018: International Restrictive Covenants and Confidential Information Conference, Wednesday, 26 September, 2018


Global Business Protections 2018:
International Restrictive Covenants and Confidential Information Conference

One Day Conference – Wednesday, 26 September 2018
(Opening Evening Networking Drinks on Tuesday, 25 September)
One Whitehall Place, 1 Whitehall Court, Westminster, London SW1A 2EJ

Please join us for the Global Business Protections 2018: International Restrictive Covenants and Confidential Information Conference. Speakers include more than 40 leading restrictive covenant experts from 17 countries around the world. Those expert speakers, from the US, Canada, South America, Europe, Asia-Pacific, Africa, the Middle East and the UK, will discuss key issues in drafting, enforcing and defending restrictive covenants, confidential information and other key business protections provisions around the world.  To  register for this unique conference please click here. Please see below for further details of the full programme, including the speaker list and registration fees or download it here.

Tuesday, 25 September 2018

18:30 – 21:00 – Opening Networking Drinks


Wednesday, 26 September 2018

08:00 – 08:45 – Registration and Breakfast

08:45 – 09:30 – Welcome and Keynote Session:

The Future of Restrictive Covenants, Proprietary Interests and Confidential Information Across Borders

Selwyn Bloch QC, Littleton (UK)
Christopher Stief, Fisher Phillips (US)

09:30 – 10:30 – Plenary Session:

Protecting Business Interests in International Team Moves – Pursuing Litigation, and Enforcing Orders and Awards Across Borders

What challenges do employers face when tackling cross-border team moves in the courts? How are fiduciary duties and restrictive covenants treated in different jurisdictions, and what remedies are available? Will an award by the courts of one country be enforceable against an individual who lives and works in another country? These are just some of the key issues to be examined in this session by the panel of experts from France, Russia, the US and the UK.

Wendi Lazar, Outten & Golden (US)
Anna-Stefaniya Chepik, Tilling Peters (Russia)
Mathilde Houet-Weil, Weil & Associés (France)
David Reade QC, Littleton (UK)

David Fisher, CM Murray (UK)

10:30 – 10:45 – Coffee Break

10:45 – 11:45 – Breakout Sessions:

Americas: Protecting Proprietary Technology and Confidential Information, and Enforcing Restrictive Covenants in the Americas

Across the various legal jurisdictions comprising the Americas, businesses experience a great number of similar challenges with respect to the protection of confidential and proprietary business information and the enforcement of restrictive covenant agreements.  However, the counselling and litigation strategies best designed to mitigate these common challenges often differ substantially from jurisdiction to jurisdiction.  Accordingly, this breakout session will examine several client counselling hypotheticals from the viewpoint of practitioners in Argentina, Canada, and the United States, to highlight the key commonalities and differences in strategy across these jurisdictions.

Jeff Goodman, Hicks Morley (Canada)
Michael Delikat, Orrick (US)
Mercedes Balado Bevilacqua, MBB Abogados (Argentina)

Michael Avila, Fisher Phillips (US)

M&A Issues: Cross-Border Restrictive Covenants and their Application in International Mergers, Acquisitions & Restructurings

This session will discuss the effect of acquisitions and mergers on the enforceability of post termination restrictions in a practical, multi-national scenario, and the employer’s ability to make changes to such restrictions post-acquisition in the various jurisdictions. 

Toni Lorenzo, Lewis Silkin (UK)
Karine Audouze, Ogletree Deakins (France)
Sharon Reilly, Uniolex (Italy)
Imraan Mahomed, Hogan Lovells (South Africa)

Mandy Perry, Orrick (UK)

11:45 – 12:45 – Breakout Sessions:

Asia-Pacific: Protecting Proprietary Technology and Confidential Information, and Enforcing Restrictive Covenants in the Asia Pacific Region

This session will provide a high-level overview of the protection of proprietary technology and confidential information in Asia-Pacific generally, with a particular focus on China, Hong Kong, India and Singapore. The panel will look at the methods used to protect information and examine the framework for enforcing restrictive covenants in each of the chosen jurisdictions and will examine the impact of culture on the protection of proprietary technology and confidential information, challenges for international companies seeking to protect their valuable information and know how, as well as discussing trends and top tips for companies operating in these jurisdictions.

Ian Lim, TSMP (Singapore)
Atul Gupta, Trilegal (India)

Pattie Walsh, Bird & Bird (HK & China)

Innovations: Pushing the Envelope in Restrictive Covenants – Innovation in Drafting and Enforcement of Non-Competes and Other Restrictions

Experts from the UK and Australia will share their expertise on the innovative measures lawyers and their clients are using to seek to protect their businesses from employees and partners leaving, competing and destabilising and poaching their workforces and client and customer bases.  Our panellists advise businesses across the globe including in Latin America and the Asia Pacific Region and are therefore able to share their global experience in this session.

This panel will explore cascading restrictive covenants, used in parts of Australia; steps which are being taken in jurisdictions where it is hard to enforce traditional covenants, such as parts of South America, and ways of encouraging compliance with restrictions beyond simply seeking injunctive relief such as the use of silent partners and ways of implementing financial penalties for non-compliance.

Maya Cronly-Dillon, Arthur J. Gallagher (UK)
Joydeep Hor, PCS (Australia)
Jason Butwick, Dechert (UK)
Benjamin Aberant, McCarthy Tétrault (Canada)

Sarah Chilton, CM Murray (UK)

12:45 – 13:50 – Lunch Break and Networking

13:50 – 14:30 – Breakout Sessions:

Alternative Strategies: for Limiting the Risk of Losing Key Employees, Business Information and/or Customers

Danny Tsang, Simmons & Simmons (UK)
Ian Fraser, PwC (UK)

William Wright, Fisher Phillips (US)

Technology, Data and AI: Restrictive Covenants and Confidential Information Protections in the Technology Sector and in a World of Data and Artificial Intelligence

Gerlind Wisskirchen, CMS (Germany)
Orit Gonen, Gilat, Bareket & Co., Reinhold Cohn Group (Israel)

Marian Bloodworth, Kemp Little (UK)

14:30 – 15:30 – Breakout Sessions:

Professional Services:  Partner Restrictive Covenants in Professional Practices Agreements – Enforcement and the Interplay with Professional Conduct Rules Internationally

Leading partnership experts will discuss the latest trends in the enforcement of Partner restrictive covenants in professional practices across various jurisdictions.  There will be particular focus on the ability to restrict lawyers from continuing to act for their clients, whether through lengthy notice and garden leave periods, or non-compete and non-solicitation provisions, and the potential regulatory and ethical issues that arise when seeking to enforce relevant agreements.  We will consider the impact of local conduct rules on the ability to protect a global business and its clients, as well as the potential consequences of seeking to enforce restrictions extraterritorially. By considering a hypothetical case study, the panel will also discuss strategic issues involved in these matters, suggest practical guidance and provide solutions to such disputes.

John Machell QC, Serle Court (UK)
Kevin McGreevy, McGreevy Avocats (France)
Anthony Davis, Hinshaw Culbertson (US)
Bernadette Quigley, Law Library Dublin (Ireland)

Esther Martin, CM Murray (UK)

Financial Services: Enforcing Restrictive Covenants and Confidential Information Protections in International Financial Services

Kelly Bunting, Greenberg Traurig (US)
Andrew Taggart, Herbert Smith Freehills (UK)
Gordon Barr, Al Tamimi (UAE)
Antonella Lo Sinno, Daverio & Florio (Italy)
Michael Lampert, LampertADR (US)

Jonathan Cohen QC, Littleton (UK)

15:30 – 15:50 – Coffee Break

15:50 – 17:20 – Plenary Session:


Mock Injunction Hearings in a Trans-Atlantic Dispute with Proceedings in Multiple Venues

What happens when an employer and employee want to fight their dispute in different jurisdictions?  In this entertaining final session, expert advocates will go head to head in mock US Temporary Restraining Order and English anti-suit injunction hearings to explore the legal, technical and practical issues thrown up by this scenario.  On one side, an American corporation relying on an exclusive US jurisdiction clause in a service agreement; on the other, a UK based senior executive claiming the right to be sued for breach of restrictive covenants in their country of domicile.

Cue a race to seize jurisdiction, with both sides seeking a judgment that compels the opposition to stop their proceedings in the other country.  But will the court which hears the application first feel able to curtail the jurisdictional authority of the other court? Would a judgment restraining proceedings in the other jurisdiction bind that court in any event? This mock hearing session will be a must see for anyone involved in cross-border employment disputes.

UK Mock Anti-Suit Injunction Hearing

Jonathan Cohen QC, Littleton (UK)
Gavin Mansfield QC, Littleton (UK)
Judge: Sir Michael Burton, Littleton (UK)

US Mock Temporary Restraining Order Hearing

Peter Altieri, Epstein Becker (US)
Christopher Stief, Fisher Phillips (US)
Judge: Michael Lampert, LampertADR (US)

Christopher Stief, Fisher Phillips

David Fisher, CM Murray (UK)

17:20 -17:30 – Closing Comments

17:30 – 21:00 – Closing Networking Drinks

The registration fees for attending this event are:
£195 + VAT (Full Conference rate)
£100 + VAT (In-house Counsel and HR Professional rate)

Please click here to register.