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ENFORCING AND CHALLENGING EMPLOYEE RESTRICTIVE COVENANTS

We have expertise in advising on restrictive covenants matters and regularly act for businesses seeking to enforce restrictive covenants against their former employees, or for hiring firms who wish to challenge the enforceability of such restrictions of new hires.  We frequently represent clients in High Court injunction applications, both in applying for and defending against them.

Our advice is focused not just on the legal issues but also on the strategy, likely commercial outcomes and how such matters tend to be resolved in practice. Many of the restrictive covenant matters on which we advise are cross-border, involving two or more jurisdictions, and we work with overseas lawyers who are experts in restrictive covenant issues in their country on those matters.

Contact David Fisher for more information.

RECENT MATTERS
  • David Fisher advised a US technology company on the enforceability of restrictive covenants of senior executives hired from their leading competitor.
  • Represented an engineering company on the threatened enforcement of restrictive covenants against a CFO hired from a significant competitor.
  • David Fisher and Wonu Sanda advised on the reinforcement of restrictive covenants against an investment management partner including in related High Court proceedings.