We are delighted to share with you the recording of the recent IFSEA webinar, 'Confidential Information: The Use and Misuse by Executives and Founders.' Please see below for full details and listen to the recording here. 

In this webinar, chaired by David Fisher, (Partner at CM Murray LLP), Peter De Maria, (Senior Partner at Doyle Clayton), Amit Bindra (Partner at The Prinz Law Firm, P.C.) and Klaudia Aliaj (Director at Alvarez & Marsal Disputes and Investigations LLP) discuss confidential information in the United Kingdom and United States and some of the key legal and practical issues facing senior executives and founders. In particular, the panel explores: 

- The core principles and definitions of confidential information, unpacking the following concepts:
 
1. The factors to be considered when determining what constitutes a 'trade secret' and what constitutes other 'confidential information'
2. Whether protection can be applied to an employee’s experience and know-how
3. Which categories of confidential information can be protected during and after employment, including practical tips to prevent confidential information from being taken from a business.
 
- Practical steps for employers when there is evidence of misuse of confidential information.
 
- How a computer forensic investigation is undertaken and what it might uncover.

If you would like to discuss confidential information further or have any questions arising from this recording, please contact Partner David Fisher.

Confidential Information - The Use and Misuse by Executives and Founders

In this webinar, chaired by Mark Risk of Mark Risk PC, Dean M. Harvey (Partner at Lieff, Cabraser, Heimann & Bernstein LLP), James Hockin (Senior Associate at Withers),  Danny Kaufer (Senior Counsel & Co-Chair, Sports Law & Gaming Group at BLG), Dr. Johannes Traut (Partner at Seitz) and Cody Yorke (Partner at Outten & Golden) discuss the US Federal Trade Commission (FTC) proposed ban on non-competition covenants in employment agreements. In particular, the panel discuss: 
 
- The details of the FTC proposal, exploring its broad scope, exemptions, and potential legal ramifications of misclassifications under the exemptions. 
- Whether the FTC proposal can be challenged and, if so, on what grounds. 
- How other jurisdictions which have already banned non-competition clauses have fared in balancing the protections for businesses (including their confidential information) and their departing senior executives and founders.
- The initial perception of the proposal by the FTC from the perspective of senior executives and whether other jurisdictions will follow suite after the FTC ruling.

If you would like to discuss non-competition clauses further or have any questions arising from this recording, please contact Clare Murray, David Fisher or Merrill April.

The Rise and Demise of the Non-Compete? - IFSEA Webinar Recording

We are delighted to share with you the recording of our recent IFSEA webinar, 'What are the Best Mediation Strategies for Resolving Executive & Founder Disputes?' where our internationally renowned panellists explored how different jurisdictions approach the mediation of disputes between key corporate players and executives.

In this webinar, chair Peter Rukin (Partner, Rukin Hyland & Riggin LLP & Mediator, Sequitur Resolutions - San Francisco), Jane Mulcahy KC & Ian Mill KC (Blackstone Chambers - UK), Lynne Hermle (Partner, Orrick - Silicon Valley), Ana Cid (Partner, Seyfarth - New York/London) and Yulia Fedorenko (Associate, CM Murray LLP - UK) discuss the following in respect of their jurisdictions: 

• How has the perception of mediation changed in the last 20 years? 
 
• Faster resolutions: Mediation as a more rapid alternative to lengthy court proceedings, particularly in cases involving senior executives and founders.
 
• Innovative problem solving: Bringing key stakeholders together to foster unconventional solutions that parties may not have otherwise considered - particularly effective when parties are open to mediate but not to negotiate. 
 
• Balancing styles of mediation: The most successful mediators tend to vary between evaluative (common in the US) and facilitative (more UK-centric) in their style, assessing issues while guiding resolutions.
 
• What are the key traits that make a successful mediator?
 
• Tailored solutions: Unlocking unique remedies normally unattainable through the courts, such as apologies, policy shifts, and relationship mending.
 
• The importance of preparation and  exploring sensitivities, insurance implications, and address confidentiality worries with a mediator prior to instruction.

What are the Best Mediation Strategies for Resolving Executive & Founder Disputes?

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the opening plenary session, 'Ethical Handling of Executive Investigations.'

In this lively and insightful discussion between the IFSEA annual conference panellists, this brilliant panel explore different approaches to ensure the ethical handling of executive investigations:
- Beth Hale, CM Murray LLP, UK 
- Lindsey Wagner, Moxie Mediation & Workplace Investigations, California, USA
- Carol Davis KC, Littleton Chambers, UK 
- Meriel Schindler, Withers, UK 
- Kristen Prinz, The Prinz Law Firm, Chicago, USA

In particular, the panel discuss: 
• Common challenges seen in executive investigations, including:  
1. The personal nature of the allegation. 
2. Delays with informing the accused about the investigation. 
3. Misunderstanding of confidentiality parameters.
4. Effects on the mental health of those involved.
5. Managing the risk of retaliation.  

• External v internal investigators: What are the pros and cons of using an external investigator as opposed to investigating allegations internally. 
• When is it appropriate to suspend during an investigation procedure and what are the alternatives to suspension?
• How much, if any, evidence is disclosed to the accused ahead of the interview process?

We also thank Claire Cross of Corker Binning, UK who was unable to join the podcast, but attended as a panellist on the day of the conference and provided excellent insights.

Ethical Handling of Executive Investigations: IFSEA Post-conference Podcast Recording

Following the recent 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders, we are delighted to share with you a follow up podcast on the session, 'How Executives get the best out of their teams.'

In this thought-provoking discussion between the IFSEA conference panellists, they examine how executives can manage their teams in a way which is mutually beneficially for both employer and employee:

Louise O'Connor, CM Murray LLP, UK 
Joydeep Hor, People + Culture Strategies, Australia

In particular, the panel discuss: 

- The impact of treating the employment relationship as a transactional relationship
 
- The disconnect in terms of employee expectations, including amongst different generations
 
- Managing employee expectations, while remaining true to the employer’s culture
 
- Balancing the competing needs of different employees

For more information on any of the issues discussed in this podcast, please contact our Senior Associate Louise O’Connor, who specialises in employments and partnership law issues.

How Executives get the best out of their teams - IFSEA Post-conference Podcast Recording

Following the 4th IFSEA International Conference on Risk, Reward and Reputation Management Issues for Senior Executives & Founders in June 2023, we are delighted to share with you a follow up podcast on the session, 'Board Pay: Heightened scrutiny of CEO and executive compensation.'

In this podcast between the IFSEA annual conference panellists, this amazing panel discuss whether compensation increases are matched to meeting ESG and other targets.

Emma Bartlett, CM Murray LLP (UK) 
Teresa L. Johnson, Arnold & Porter (San Francisco, USA)
Dr Johannes Traut, Seitz (Germany)

In particular, the panel discuss: 
• The pay gap between a CEO/Executive and workers and how this differs between jurisdictions
 
• What factors are taken into account when drafting executive compensation packages? 
 
• How important is ESG for firms and is there an incentive for firms to have ESG targets?
 
• Shareholders and customers are driving an increase in ESG and CSR targets within executive compensation packages, but to what extent are executive incentives weighed against these targets? 
 
• How firms are balancing ESG targets and financial business targets?

Board Pay: Heightened scrutiny of CEO and executive compensation

We are delighted to share with you a podcast focusing on 'Navigating the UK and US Regulatory Terrain of Off-Channel Communications'. Listen to the podcast and see below for further details.

Historically, it has been easier for employers to monitor record keeping and the contents of off-channel communications. This has become increasingly important as technology evolves and new platforms become available. In this interesting discussion, Wendi Lazar, C-Suite Strategies LLC (New York, USA), Sebastian Sayer, Fox Williams (London, UK) and Natalie A. Napierala, Carlton Fields (New York, USA), speak with Stuart Smith of CM Murray LLP about the actions taken by both US and UK regulators and the practical steps that firms can take to avoid fines. In particular, the panel discuss:

- An overview of the rules and sanctions applied by US regulators (SEC, CFTC and FINRA) and UK regulators (FCA and FSA) relating to violations for engaging in off-channel communications and the purpose of record keeping regulations. 
 
- What response from these regulators are we likely to see going forward for breaches of record keeping regulations? 
 
- Recommended strategies, procedures, training, and internal policies that can be put in place by employers to comply with the regulations. 
 
- What is the best practice for employees and supervisors to comply with regulations and limit their own personal risk?

Navigating the UK and US Regulatory Terrain of Off-Channel Communications

In this short podcast, Chair Mark Risk (Mark Risk PC, New York) and Panellists Amit Bindra (The Prinz Law Firm, Chicago), Omar Molina Garcia (Augusta Abogados, Spain), and Jane Amphlett (Howard Kennedy LLP, UK) discuss briefly some of the issues that they will be analysing in their panel session at the 5th IFSEA Conference on Risk, Reward and Reputation Management for Senior Executives & Founders, on 25 June 2024 in London, including:  

•	The latest key developments to the law governing restrictive covenants, including the FTC ban on non-compete clauses in most US employment contracts, affecting millions of workers, and the pending lawsuits which seek to prevent the FTC ban being implemented
 
•	How the enforceability of restrictive covenants in employment and incentive schemes in the UK, Spain and the US could potentially be affected by the recent developments to the law in this area
 
•	Other key themes that the panel will cover at the forthcoming IFSEA Conference 2024

Restrictive Covenants Around the World: Podcast preview of IFSEA Conference 2024 panel

We are delighted to share with you the recording of our recent webinar International Investigations: Protecting Your Interests Across Borders, where our panel discussed the complex and often challenging practical issues that arise during international investigations.

In this webinar recording, chair Emma Bartlett (Partner at CM Murray LLP), Adam Tolley KC (Barrister at Fountain Court Chambers), Harry D Jones (International Employment & Labor Law Chair at Polsinelli) and Sarah Chilton (Senior Partner at CM Murray LLP) discuss the key differences between US and UK investigations cultures and their impact on outcomes, in particular:

- The process for sharing data both internally and across borders, including with third parties such as investigators.
 
- What specific information is shared, including with whom and the timing, within the business and among the executive board and senior leadership?
 
- What protections are in place for both those being investigated and complainants, in particular relating to health-related impacts and discrimination risks?
 
- Effective reputation and crisis management techniques as part of an investigation.
 
- The complexities of legal privilege in cross-border investigations.

International Investigations: Protecting Your Interests Across Borders - IFSEA Webinar Recording

Anonymity in workplace investigations is a double-edged sword: it can protect whistleblowers but also complicate investigations and fairness. In the recording of our recent IFSEA webinar, we were joined by:

- Rachida el Johari, Sagiure Legal, Amsterdam 

- Mathilde Houet Weil, Weil & Associés, Paris

- Colleen Cleary, Simmons & Simmons, Dublin

- Andrew Pavlovic, CM Murray LLP, London

- Emma Bartlett, CM Murray LLP, London (Chair)

The key highlights covered in this webinar include:

Jurisdictional Differences:
- In Ireland, anonymous complaints may not require action, risking procedural issues.
 
- In France, anonymous statements are allowed but must be supported by other evidence; cultural sensitivities are significant.
 
- In the UK, anonymous complaints are accepted if detailed, but pose evidentiary challenges.
 
The Netherlands emphasises fair trial rights, making anonymous reporting complex.
 
Investigator & Regulator Challenges:
- Anonymous reports protect identities but make evidence gathering and transparency harder. Regulators like the SRA and BSB struggle to act on such complaints.
 
Practical Guidance:
- Investigators should build trust, follow clear protocols, and explain the process to all parties. Policies should discourage anonymity where possible, ensuring fair hearings and due process.
 
Bystander Role:
- Employees must be empowered to report misconduct, with clear escalation routes and cultural support.
- Organisations should review their investigation policies to balance confidentiality, fairness, and legal compliance.

If you have any questions relating to this recording or if you would like discuss work place investigations in further detail, please contact Partners Emma Bartlett or Andrew Pavlovic.

Anonymity in Workplace Investigations – Key Legal and Practical Issues   - Webinar Recording

Welcome to the CM Murray LLP podcast channel where we discuss a wide range of topical issues in relation to partnership and employment law.

CM Murray LLP is a leading partnership, employment and regulatory law firm based in London. 

We advise US and UK law firms and partners, hedge fund and investment management partners, US and other multi-national employers, senior executives and founders on a range of UK partnership and employment law issues.

New tracks tagged #senior executives