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Effective Use of Non-Compete Agreements by International Employers


Speaker(s): Robert B. Milligan, Yvonne Gallagher
Recorded on: Aug. 10, 2017
PLI Program #: 223773

Yvonne Gallagher advises clients on a full range of contentious and non-contentious employment law matters. Her diverse practice includes advising on senior executive level recruitment, complex team moves and matters relating to transfer of undertakings (TUPE). She has developed a particular specialism working with employers to resolve complex board disputes.
 
Yvonne works with clients from a wide range of industry sectors including financial services, technology, media and support services. For many years Yvonne has also advised The Big Issue magazine on a pro bono basis.

Areas of specialisms

  • The use and enforcement of restrictive covenants
  • Team moves, including the protection of confidential information and client relationships
  • Advising businesses, both nationally and international, on ways to make TUPE work for them
  • Partnership and LLP structures and the rights of management and members of such entities
  • The right to work in the UK and both investor and entrepreneur visas
  • Board and senior executive issues including recruitment and exits
  • Bonus and remuneration issues including share and equity related structures 

Work highlights

  • Successful application of TUPE to defeat the enforcement of restrictive covenants applicable to a new recruit
  • Advising on the employment aspects of a major due diligence project on an acquisition in the aviation industry. This involved employees in a number of jurisdictions
  • Advising on the negotiation of exit provisions in relation to outsourced service provision contracts in order to minimise our client’s potential liabilities
  • Advising a US sales entity on its start up in the UK. This included obtaining an entrepreneur visa for the founder member and structuring contractual arrangements with new joiners. She also advised on regulatory issues relevant to the sales sector
  • Advising a number of organisations and providing support through the management of exit of senior individuals
  • Successfully advising employers and individuals in team move situations
  • Overturning a two year old default judgment for a six figure sum in the Employment Tribunal
  • Advising a premier league footballer on his new contract on transfer deadline day

Publications

  • Employee misconduct: how to protect the business

Related sectors & services

  • Employment
  • Employment litigation
  • Redundancy & TUPE
  • Team moves & employee competition
  • Senior executive


Mr. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Mr. Milligan co-chairs the firm's Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.

Mr. Milligan represents clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.

Mr. Milligan was selected as a Southern California Super Lawyer Rising Star in Intellectual Property and Business Litigation. He also served as a contributing editor of Trade Secret Litigation and Protection in California and is an author of chapters in Continuing Education of the Bar’s Trade Secrets Practice in California. He is also the editor of Seyfarth’s trade secret blog, www.tradesecretslaw.com, and was recognized by Legal 500 for the firm’s trade secret practice.

Mr. Milligan serves as a member of the State Bar of California Intellectual Property Law Section Executive Committee, Chair of the Section’s Trade Secrets Interest Group, and as a Chair of the Intellectual Property Committee for the ITechLaw Association. He also serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.

He served as a judicial extern for the Superior Court of Yolo County, Civil Law Division and the Honorable Christopher M. Klein of the United States Bankruptcy Court, Eastern District of California.

Mr. Milligan is a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. Mr. Milligan co-chairs the firm's Trade Secrets, Computer Fraud & Non-Competes practice group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. His practice focuses on trade secret, non-compete, and data protection litigation and transactional work on a state, national, and international platform.

Mr. Milligan represents clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Mr. Milligan also provides advice to clients concerning a variety of business and employment matters, including non-disclosure, non-compete, and invention assignment agreements, corporate investigations, trade secret and intellectual property audits, commercial landlord/tenant disputes, ADA and OSHA compliance, and an assortment of franchise and bankruptcy issues.

Mr. Milligan was selected as a Southern California Super Lawyer Rising Star in Intellectual Property and Business Litigation. He also served as a contributing editor of Trade Secret Litigation and Protection in California and is an author of chapters in Continuing Education of the Bar’s Trade Secrets Practice in California. He is also the editor of Seyfarth’s trade secret blog, www.tradesecretslaw.com, and was recognized by Legal 500 for the firm’s trade secret practice.

Mr. Milligan serves as a member of the State Bar of California Intellectual Property Law Section Executive Committee, Chair of the Section’s Trade Secrets Interest Group, and as a Chair of the Intellectual Property Committee for the ITechLaw Association. He also serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.

He served as a judicial extern for the Superior Court of Yolo County, Civil Law Division and the Honorable Christopher M. Klein of the United States Bankruptcy Court, Eastern District of California.

Education

  • J.D., University of California, Davis, King Hall School of Law (2001)
    Duberstein National Bankruptcy Moot Court Participant
    Executive Editor, University of California Davis Law Review
    Public Interest Scholar
  • B.A., Gonzaga University (1997)
    summa cum laude
    Alpha Sigma Nu Phi Alpha Theta
  • Villanova University (2009)
    Certificate of Achievement in Lean Six Sigma

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern, Northern and Southern Districts of California