In today’s competitive landscape, employee departures are no longer isolated events but can pose a significant risk for a business, particularly where entire teams move to rival firms, taking with them expertise, client relationships, and sometimes confidential information and valuable intellectual property (IP). This session addresses the complex intersection of employment and IP law when it comes to team departures.

Legal experts will explore strategies to safeguard against IP breaches, discuss challenges in achieving meaningful enforcement outcomes, and emphasise the importance of managing client expectations with realistic legal advice in cases involving breaches of confidentiality, IP theft, and unfair competition.

Join us as we delve into real-life scenarios, providing a nuanced approach to selecting the most effective jurisdiction and remedies when facing these challenges.

Learning Outcomes

Learning Outcomes

• Distinguish between know-how, confidential information and intellectual property rights, and understand the protections available under each.
• Evaluate jurisdictional choices—Employment Relations Authority vs. High Court—and determine the most strategic approach based on case-specific factors.
• Explore practical strategies for pre-emptive protection, including employment contract clauses on confidentiality, IP, and restraint of trade.
• Gain insight into the scope and limitations of civil remedies, such as search orders and damages, and evaluate scenarios where criminal prosecution under the Crimes Act 1961 may be warranted in cases of team departures.

Who Should Attend?

Employment Lawyers, civil and commercial litigators

Presenters

Philip Skelton KC, Barrister, Bankside Chambers

Kevin Glover, Barrister, Shortland Chambers

Chair: Gillian Service, Partner, MinterEllisonRuddWatts