Partner Moves & the Protection of Partnership Business - Restrictive Covenants, Confidential Information & Enforcement

Introduction

Partnerships and LLPs have long protected their business and goodwill through express restrictive covenants in partnership and LLP deeds. The increasing prevalence of partner and team moves continues to test such covenants as well as giving rise to claims based on alleged misappropriation of confidential information.

This webinar will provide you with an account of the relevant law as well as practical guidance on litigating and resolving disputes consequent on partner moves.

What You Will Learn

This webinar will cover the following:

• The enforceability of restrictive covenants in partnership/LLP deeds covering the debate over Bridge v Deacons and the recent decision in PWC v Carmichael [2019]
• Key principles of the law of confidential information as relevant to partner exits/hires
• Injunctive relief in the partner move context, focusing on the practical steps that need to be taken between the emergence of a competitive threat and the securing of relief by consensual undertaking or court order
• The relation between arbitration provisions and injunctive relief applications, with a discussion of the pitfalls seen in Schillings International v Scott [2019]
• Common commercial and business issues that arise for outgoing partners and their future or past firms

This webinar was recorded on 9th December 2019