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Recruitment international

Recruitment international . Financial directors’ forum . Protecting your business from unlawful competition Jennifer Millins, Legal Director. Who are mishcon de reya ? . Established in 1937 101 partners and 203 lawyers Core departments: Corporate Dispute Resolution Employment

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Recruitment international

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  1. Recruitment international • Financial directors’ forum • Protecting your business from unlawful competition • Jennifer Millins, Legal Director

  2. Who are mishcon de reya? • Established in 1937 • 101 partners and 203 lawyers • Core departments: • Corporate • Dispute Resolution • Employment • Mishcon Private • Real Estate

  3. Unlawful competition: • It affects your bottom line • It afflicts most recruitment companies • It comes in many forms and is increasingly sophisticated • It harms your reputation and staff morale • It leads to the loss of key staff, clients and candidates • Why worry?

  4. What is Unlawful competition? • Data theft • Breach of restrictive covenants • Breach of fiduciary duties and duty of fidelity • Team moves

  5. What can you do? • Prevention is better than cure • Policies, contracts and restrictive covenants: update, enforce and communicate: • Confidentiality clauses • Restrictive covenants • Database policy • Social media policy • Email and internet use policy • Mobile working policy • Right of search

  6. What can you do? • Update • Enforce • Communicate

  7. What can you do? • Monitor employees’ activities and ensure appropriate use of LinkedIn and other social media platforms • Contractual policies • Corporate page on social media sites, with password only access • Only conduct networking business through this site • Copy all social media contacts onto your own CRM database • Staff should ‘link in’ with their manager • Be clear

  8. What can you do? • Behave ethically with new joiners • Provenance of information? • Written confirmation from the new joiner • Written confirmation to the new joiner • Be familiar with any restrictive covenants the new joiner brings with them • And then… • Do not use the confidential information • Seek legal advice • Consider notifying the owner and returning information • If in doubt, check the enforceability or post-termination restrictions

  9. What can you do? • Familiarise yourself with the operational, legal and technical steps open to you • Head of cyber security • Audit your IT security • Invest in up to date IT security systems • Password protection • Plant false contacts • Ban the use of data transfer devices • Encryption • Insurance

  10. What can you do? • Implement an incident response plan • A decisive and immediate response is essential • Appoint expert cyber / IT professionals • Prepare for when staff resign so that you can act quickly: -Train managers - Conduct exit interviews - Consider counter-offering - Write to employees - Lock down your systems - Avoid constructive dismissal arguments

  11. What can you do? • Seek legal advice immediately • Search order • Delivery up order • Computer imaging order • 3rd party disclosure order • Interim restraining injunction • Springboard injunction • Claim in damages • Account of profits

  12. And finally… • PR impact • Take steps now to minimise the risk • Prevention and protection are key • Detect breaches swiftly and take fast action to minimise damage

  13. Thank you • Jennifer Millins, Legal Director • 0207 440 7137 • jennifer.millins@mishcon.com • Any questions?

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