ARTICLE
8 January 2025

Key Issues When Negotiating And Navigating Restrictive Covenants (Podcast)

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
In a competitive talent market, restrictive covenants are essential for protecting businesses from employee turnover and knowledge leakage. Kate Pumfrey discusses best practices, enforcement, and recent trends in UK restrictive covenant litigation in this insightful podcast.
United Kingdom Employment and HR

In a climate where workforce mobility is at an all-time high, and employers are vying for top-tier talent, the careful formulation of restrictive covenants has become more crucial than ever. Employees who leave and join a competitor, taking with them valuable relationships and confidential knowledge, can significantly harm a business. However, these risks can be effectively managed and mitigated by implementing strong business protection.

In our last podcast of 2024, London partner, Kate Pumfrey, shares her insights on how employers are using, applying and enforcing restrictive covenants in the U.K. and her best practice tips for choosing, drafting and maximising business protection. The discussion extends to the position on paying for restrictive covenants, the approach for mobile workers and employee shareholders, and recent litigation trends.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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