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Design and implement a global strategy to address trade secret issues and understand the compelling need to protect key company information globally. Review and discuss such topics as the viability of “global” noncompete restrictions; nonsolicit requirements; alternatives to traditional employment-related agreements for protecting business interests (including “claw back” provisions, bonus restrictions, restricted equity and phantom equity); and related trends concerning a global workforce (including employment process, benefits, compensation, taxation, data privacy, severance and more). Specific examples from China, India, Brazil, the United Kingdom, Germany, Australia, Mexico and other jurisdictions are highlighted throughout the program.
- Recognize new alternatives for protecting business information and trade secrets.
- Develop new strategies for enhancing the scope and ability to implement and manage an effective trade secrets protection program on a worldwide basis.
- Recognize the legal, cultural and relationship challenges to the enforcement of agreements related to trade secrets.
- Understand how the various and very different rules among jurisdictions can be managed with respect to business decisions.
- Appreciate the legal and cultural limitations to restrictions on employment.
- Hone the skills to inform and advise fellow senior leadership, and to influence the management of new hires and departures at the senior level to ensure the retention of critical business information.