Team Moves and Senior Exits
A recent survey confirmed that more than half of employees do not believe their employer suffers any harm if they take data belonging to that company when they leave it. As the competition for talent increases, whole teams of employees are switching employers. In these situations swift and decisive action is required.
We have established a specialist team ready to respond, comprising experts in our Litigation, IP, Data Protection, Forensic and Employment teams.
The team has successfully navigated clients through countless cases where confidential information has been taken; teams poached or when clients have wanted to recruit competing teams. The team has developed an established toolkit that means it is able to deliver a cost effective, pragmatic and immediate response.
Recent experience includes:
- Acting for a major UK firm of accountants (and the three Partners within the target team) on the “transfer” of the team at a competing firm to the client. Issues included restrictions in the LLP Agreement, both in terms of non-compete, non-solicitation, and non-poach, a specific “team move” style restriction as well as various “restrictions” created by the provisions dealing with the return of capital accounts etc. We succeeded in transferring the Partners (and 15 person team) despite threatened proceedings
- Acting on behalf of one of the largest UK insurance brokers in seeking interim interdict before the Court of Session to stop a team move to a competitor. The defenders agreed to give undertakings before the court. The action subsequently involved a “dawn raid” for evidence and an application for breach of interim interdict before it was settled by agreement
- Acting for a major independent UK fuel and lubricant distributor to extract undertakings from their MD, who was leaving to go to a competitor. We advised on the strategy in relation to garden leave as well as supervising a forensic examination of his computer
- Advising a premier global energy-focused private equity and infrastructure investment firm on injunctive relief sought against one of its senior VPs to restrain him from leaving in breach of contract
- Acting on behalf of an HR Consultancy to obtain interim interdict before the Court of Session to stop two senior consultants joining a competitor and removing confidential information. Interim Interdict was granted and undertakings given to return all confidential information
- Acting for a major UK automotive supplier when two of its Directors set up in direct competition utilising the Client's IP and supplier relationships. An injunction was obtained, the business closed down and significant cost orders obtained against the two directors
- Acting for an IT supplier following the departure of a key sales representative who left to work for a competitor with the Client's database of Customers. An order was secured securing the return of the database. The Competitor agreed to write a letter of apology to all those customers who had been contacted through the misuse of the database. Damages and costs were awarded in our client's favour
Read more about our Employment services.