Successful appeal in non-compete restrictive covenant case emphasises the importance of well drafted post termination restrictions
Our highly rated partner led team acts for professional partnerships and LLPs, as well as individual partners and members in a wide range of industry sectors from media, private equity firms and hedge funds to professional, legal and accountancy practices.
Our expertise in employment law, regulatory and professional discipline, dispute resolution and corporate and commercial issues enables us to offer partnerships and partners a full 'cradle to grave' service. This includes advising on all day to day requirements such as establishing and structuring partnerships and LLPs, drafting partnership and LLP agreements, and advising partners and LLP members on their terms and practical effect. Our advice covers restrictive covenants, garden leave, notice periods, protection of confidential information and team moves, managing under-performing partners, discrimination and whistleblowing claims, profit share allocation disputes, and cases where a partner is accused of serious wrongdoing such as dishonesty, fraud, bullying and harassment.
We understand that partnership disputes can be highly emotive and sometimes feel like divorce. The stakes are high in terms of professional reputation, staff morale and stability, future career prospects and financial impact. We are experienced mediators and well placed to resolve disputes amicably. We seek to avoid adverse publicity for our clients and help them protect their brand and professional reputation.
Our experience of acting on both sides of the table for professional partnerships and LLPs, and individual partners and members, makes us formidable negotiators. It enables us to meet our clients’ needs and exceed their expectations. We understand the commercial, legal, regulatory and interpersonal dynamics involved in the management of City law, financial services and professional practice firms.
LLPs should remember that their members, who are often referred to as partners in professional services firms, benefit from a number of statutory employment protections, in addition to their contractual rights, including discrimination rights and whistleblowing protection. It is often advisable for departing members not only to sign retirement deeds, but to combine this with a statutory settlement agreement, in order to ensure the effective waive of all contractual and statutory rights.
Whether you are a partnership or LLP seeking to protect and defend your business interests, or a partner or LLP member seeking to understand, maximise and enforce your legal rights and financial entitlements, we will support you every step of the way. You can therefore concentrate on running your business, or drawing a line under any partnership dispute and moving forward with your future career.
Partner and Head of Department
"Kingsley Napley LLP leverages its ‘very strong employment capability’ to advise individuals and partnerships on partner moves as well as employment status issues."
Legal 500 UK, 2016
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