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Employment Covenants and Confidential Information : Law, Practice and Technique /

Detalles Bibliográficos
Clasificación:Libro Electrónico
Autores principales: Bloch QC, Selwyn (Autor), Brearley, Kate (Autor)
Formato: Electrónico eBook
Idioma:Inglés
Publicado: London : Bloomsbury Professional, 2018.
Edición:Fourth edition.
Temas:
Acceso en línea:Texto completo
Tabla de Contenidos:
  • Intro
  • Preface
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of Cases
  • 1. Aim and synopsis of the book
  • Introduction
  • 1. General structure of this book
  • 2. Balancing the interests of employer and employee: an introduction
  • 3. Balancing the interests of an ex-employer and ex-employee: introduction
  • 4. Rejection of proposed legislative intervention
  • 2. The employment relationship
  • Introduction
  • 1. Who is an employee?
  • 2. The creation of the contract of employment
  • 3. The implied duty of fidelity
  • A. Introduction: the duty of fidelity
  • B. The duty of fidelity and business protection
  • 1. Competition during employment
  • 2. Preparations during employment to compete after employment has ended
  • 3. Preparatory activity during garden leave
  • 4. Duty of disclosure to the employer
  • Appendix to Chapter 3. Preparatory activity during employment to compete after employment
  • 4. Employee fiduciary duties
  • Introduction
  • 1. When does an employee who is not a director owe fiduciary duties?
  • 2. Scope of fiduciary duties
  • 5. Express terms of the contract of employment
  • Introduction
  • 1. Terms recording/extending obligations included within the duty of fidelity
  • 2. Terms which define the employee's role
  • 3. Terms pertaining to termination
  • 6. Confidential information
  • Introduction
  • 1. Requirements of confidential information
  • 2. Distinction between trade secrets, mere confidential information and skill and knowledge: detail
  • 3. Express confidentiality covenants
  • 4. Confidential information must be properly identified
  • 5. Restricted shelf life of confidential information
  • 6. Confidential information received by third parties
  • 7. Injunctions to protect confidential information affecting vested rights of third parties
  • 8. Confidential information disclosed in pre-employment period
  • 9. Jointly owned confidential information
  • 10. Defences
  • Appendix to Chapter 6. Examples of cases showing the difference between confidential information and general skill and knowledge
  • 7. Database rights
  • Introduction
  • 1. Databases qualifying for the database right
  • 2. Infringement of the database right
  • 3. Duration of the database right
  • 4. Ownership of the database
  • 5. Remedies
  • 6. Allocation of claims
  • 8. Practical steps to protect the employer's interests during employment
  • Introduction
  • 1. Ensuring that the employee is motivated and properly rewarded during employment
  • 2. Maximising the possibility of detecting competitive activities during employment
  • Appendix 1 to Chapter 8. Remuneration in the financial services sector and corporate governance requirements for executive pay in listed companies
  • Appendix 2 to Chapter 8. Is there a general right to privacy in the workplace?
  • Appendix 3 to Chapter 8. Guidelines for maintaining confidentiality
  • 9. Termination of employment