Final and permanent injunctions in employee competition and confidentiality claims
Published by a LexisNexis Employment expert
Practice notesFinal and permanent injunctions in employee competition and confidentiality claims
Published by a LexisNexis Employment expert
Practice notesThis Practice Note considers the types of final injunction (or perpetual) injunction in the context of employee competition and confidentiality claims.
For further guidance on final injunctions generally, see Practice Note: Final injunctions. See also Practice Note: Injunctions—guiding principles.
The remedies available in cases involving attempts to enforce contractual duties and post-termination restrictions may conveniently be divided between:
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interim remedies available before final trial, and
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remedies available following the final trial of the case
Interim remedies typically consist of temporary injunctions, ie injunctions that apply for a limited period of time, such as the period between the date of the order granting of the injunction and the trial. For an overview, see Practice Note: Interim injunctions in employee competition claims and confidentiality claims.
Although the court will now usually order an expedited trial in employee competition cases, it is often the case that claims involving the enforcement of post-termination restrictions will never reach a final trial—the main battle between the parties tends to take place at an interim stage
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