Employment Covenants and Confidential Information : Law, Practice and Technique /
Clasificación: | Libro Electrónico |
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Autores principales: | , |
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