PARTNER RESTRICTIVE COVENANTS
We have vast experience in advising partners and LLP members on their restrictive covenants, including the enforceability or otherwise of those restrictions, the tactical handling of them and, perhaps most importantly, how such issues are typically resolved in practice.
We defend partners in High Court and arbitration proceedings in relation to the attempted enforcement of partner restrictive covenants.
Many of the partner restrictive covenant matters on which we advise will have a cross-border element involving two or more foreign jurisdictions, with potentially conflicting laws and ethics rules on the issue of restrictive covenants. We work frequently with overseas lawyers who are experts in such issues.
- David Fisher advised a departing partner who was being threatened with injunction proceedings in the High Court to enforce extremely onerous restrictive covenants against him.
- Anna Birtwistle represented an equity partner in arbitration proceedings relating to the enforceability of anti-team move restrictive covenants.
- Esther Martin, David Fisher and Clare Murray represented a team of law firm partners who transferred their practice area to a leading competitor, including in threatened litigation and in advising on related TUPE issues affecting employees within the team.
- Clare Murray and David Fisher represented a Eastern Europe based partner team governed by English law partnership terms, in cross-border litigation arising from their team move.
- Anna Birtwistle and Clare Murray advised a US attorney working in London for a global firm, on his exit from that firm to join a competitor US firm where the client’s firm was trying to hold him to a lengthy notice period, garden leave and client restrictive covenant provisions, in potential breach of his US ethical obligations.
- Esther Martin and Clare Murray advised a founding private funds LLP Member in relation to his proposed retirement from a private equity fund and related restrictive covenants.