Could modern business development techniques void companies’ protection of their confidential information?
Excerpt from this article first published in Human Resources Magazine, Issue 159 – 19 August 2008 Currently there is a case being heard in the High Court of England and Wales that is worth following. At this stage the case is unresolved, but there have been some preliminary skirmishes in the court that indicate the case will examine certain facts that will be relevant to professional services businesses and potentially many other businesses. The case involves a major international recruitment company endeavouring to enforce contractual obligations against a former senior recruitment consultant. Most of the facts are of the usual nature for this type of case. It is alleged the former employee took confidential information whilst in the company’s employ and then used it to assist in a competing business. The contractual obligations the former employer is seeking to enforce relate to confidential information and post-employment restraints, including the non-poaching of the former employer
