Confidential information and restrictive covenants

We understand that in these increasingly competitive times, it's imperative that, as companies, you take all reasonable steps to protect your confidential information and trade secrets. To achieve this, you must ensure that employment contracts contain suitable protection by way of confidentiality clauses and restrictive covenants. These must be expertly drafted and rigorously enforced. Our experienced team can assist at every stage of this process.

We have extensive experience of drafting bespoke confidentiality provisions and restrictive covenants relating to:

• Poaching of employees
• Non-dealing with competitors
• Non-competition
• Non-solicitation of clients
• Non-interference with suppliers

These restrictions can apply both during employment and for a period after termination of employment.

As well as drafting these agreements, we can advise on how best to deal with suspected breaches of post-termination restrictions. We can obtain High Court injunctions to enforce restrictive covenants and pursue associated damages claims, and we'll also help manage team departures where multiple breaches of the duty of fidelity and of post-termination restrictions can be a serious concern.

Examples of relevant work

• Successfully obtained a non-compete injunction at the High Court on behalf of a large manufacturing company. Dispute concluded with satisfactory settlement
• HCC v Beazley plc - claim concerning alleged infringement of restrictive covenants
• Acting for a firm of insurance brokers in the High Court in its claim for damages arising out of the loss of a key team and subsequent unfair competition
• HMV Music Limited v Noonan and Virgin Retail Limited - successfully obtained a non-compete injunction on behalf of HMV

For more information, please contact Cath Thorpe (cath.thorpe@rpc.co.uk)