The following Employment practice note Produced in partnership with David Reade QC of Littleton Chambers provides comprehensive and up to date legal information covering:
In a team move, two or more partners of the same partnership or members of the same limited liability partnership (LLP) leave that entity and either set up in business on their own account, or join one of the partnership or LLP’s competitors. This may involve soliciting employees of the partnership or the LLP to join them. Usually their move has been planned beforehand and may have been solicited by the rival. It will typically have been planned in a clandestine way and the full sequence of events may not become apparent until quite late in the process. There may, for example, have been a plan involving successive departures to conceal the collective plan.
This note focuses on the issues which face the partnership or the LLP when faced with a team move. It also looks at the issues for rival entities looking lawfully to extract a team and for partners or members contemplating leaving as a team. Similar issues arise when one is considering a team move from an employer; see Practice Notes:
Team moves—employer protection
Moving to a competitor—issues for employees
Recruiting from a competitor—issues for employers
Many of the practical considerations for protection against team moves in the context of employment apply equally to partnerships and LLPs. As in employee team moves, the partnership or the LLP have to consider:
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