Employment Agreement and Cross Border Employment—Confidentiality, Trade Secret, and Other Restrictive Covenants In a Global Economy

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Outten & Golden partner Wendi S. Lazar's article canvasses the differences between the U.S. and foreign countries in defining and enforcing some of the common restrictive covenants and privacy clauses in employment agreements for expatriate executives and professionals. The article contrasts post-employment duties of confidentiality and non-competition in the U.S., where the duties arise under common law, to foreign jurisdictions, where such duties must be created by contract and even then may be struck down as contrary to public policy. The article includes a treatment of the mechanisms available for enforcement of restrictive covenants.