We took a practical look at how businesses can protect themselves from unfair competition risks tied to senior executive departures. We covered the latest strategies companies are using to safeguard their talent and confidential information and provide actionable guidance you can apply to your organisation. The webinar also offered a high-level overview of the key differences between England and the U.S. when managing senior talent on either side of the Atlantic.
We explored how employers can proactively mitigate risk and protect commercial interests, including:
- Legal protections in England and the U.S.: How employers in conjunction with or instead of restrictive covenants rely on confidentiality clauses, notice periods, garden leave, implied terms and fiduciary duties to limit competitive threats.
- Executive compensation as a retention and protection tool: Learn how employers on both sides of the Atlantic build restrictions into long-term incentive schemes and the legal implications of enforcing forfeiture versus clawback provisions. We’ll also flag challenges when RSUs are issued under U.S.-governed plans (e.g., Delaware law) by a U.S. parent company.
- Managing senior departures: Prevention is better than cure. We’ll discuss practical steps to ensure that senior exits minimise disruption and protect the interests of the business.
- Enforcement mechanisms: Compare High Court injunctions in England with U.S. temporary restraining orders (TROs) and understand the role of speedy trials and breach of contract claims.
This session was ideal for legal counsel, HR leaders and business managers navigating cross-border employee transitions and looking to strengthen their competitive position through strategic legal and contractual tools.
