April 18, 2012

Enforcing Restrictive Covenants:
A View from Both Sides of the Atlantic

Minneapolis/London

Overview

Agreements that restrict a departing employee's ability to contact or do business with former clients are increasingly common in the United States and the United Kingdom. Yet the exact contours of the activities which constitute violations of those agreements remain murky.

In February, Faegre Baker Daniels' London office successfully handled a high-profile case involving non-solicitation clauses in the financial services industry. The High Court's judgment in that case provides much-needed guidance on what sorts of conduct will or will not violate a customer non-solicit agreement and how to successfully prosecute or defend claims of violation.

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