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Restrictive covenants

(6 Posts)
Graciescotland Mon 19-Sep-11 22:42:02

Currently work as a consultant for a firm, they want me to sign a new contract with a new, technically unrelated, firm which is a project of another consultant. I'd be in breach of most of the "confidential information" clauses in my original contract. What do I need to indemnify me against any potential future risks?

Graciescotland Mon 19-Sep-11 22:43:23

Contract is based on Swiss law.

Angel786 Wed 21-Sep-11 15:00:13

Which contract is under Swiss law, the new or old one? You can ask the newco to indemnify you against claims from oldco.

In practice v unlikely restrictive covenants will be enforced if you are not using the con info gained from your previous work. Restr covenants should be q limited in terms of timeframe, geography and subject matter - how long were you working with oldco and is the subject matter v similar?

Graciescotland Wed 21-Sep-11 21:18:42

Both contracts are under swiss law. I've been with company one for fifteen months. The work is identical. I'd be "taking" projects/ existing clients/ possible future clients with me.

It's essentially the same job moved to a new company. Good point about asking them to indemnify me, thanks.

Angel786 Wed 21-Sep-11 23:27:33

Assuming the identical clients, projects etc. Were found through oldco and not independently / previously, you have a couple of options.

1. Secure the indemnity from newco.

2. Delay your start date with newco (usually 3-6 months would becreasonable).

3. Carry on regardless, take a calculated risk depending on the value of business being taken and chance of being sued.

These are all just pointers, would need to hear the full story to advise thoroughly.

Angel786 Thu 22-Sep-11 08:22:07

Ps I'm an English law qualified solicitor - Swiss law may hVe it's own peculiarities!

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