Employment-context restrictive covenants―non-competes, non-solicitation, confidentiality, and intellectual assignment provisions―are vital for international business in this information age, in and beyond the tech sector. But crafting and enforcing these provisions across national boundaries implicates wildly different legal rules. With each jurisdiction balancing the competing interests here in its own particular way, a multinational operating internationally confronts a range of different restrictive covenant enforceability standards, mandatory rules, and public policies. The most practical strategy is to craft restrictive covenants to conform to “applicable law”―but even that gets opaque when a restrictive covenant applies in more than one country.
This fast-paced program, presented by Donald Dowling of Littler Mendelson P.C., arms you with what you need to know to craft and enforce restrictive covenants for employees and contractors around the world. This program is applicable to any law firm and in-house employment lawyers advising multinationals on issues overseas.
Identify standards for enforcing restrictive covenants around the world
Discuss the challenge of mandatory post-term payments required to support a non-compete―and the waiver issue
Examine tips and strategies for aligning and harmonizing a multinationals’ restrictive covenants across countries worldwide
Become familiar with choice-of-law clauses and strategies when crafting (and enforcing) restrictive covenants to apply across multiple countries
Explore best practices for drafting restrictive covenants in overseas independent contractor (consultant) agreements
Donald C. Dowling has extensive experience advising U.S.-based companies on outbound international labor and employment laws. Don provides counsel on a wide variety of global employment law matters, including codes of conduct and HR policies that guide operations in multiple jurisdictions, international compensation and benefits issues, whistleblower hotlines, and cross-border internal investigations and HR compliance audits. He regularly advises clients on employment matters that arise with international restructurings, reductions in force, mergers, acquisitions, and outsourcing. Additionally, Don helps clients properly engage independent contractors overseas, manage expatriate programs, and develop employment agreements and employee handbooks.
Earlier in his career, Don served as in-house international employment counsel for a Fortune 500 company in Paris and as an employment law consultant for a global consulting firm. He has delivered hundreds of presentations on international employment law issues in English and Spanish in countries around the world, and regularly publishes articles and teaches courses on a variety of global employment law topics.
Excellent presentation. Extremely interesting. One of the best cle courses I have attended.