The ‘battle for talent’, irrespective of the industry sector, has never been greater. Employers and partnerships want to keep hold of their best people and often strengthen their teams through lateral hires with the best individuals from their competitors. A bleaker economic outlook means that law firm managers are even keener to retain key talent. Individuals who can make a real difference in steering a business through more difficult times will be at a premium.

Experience also shows that, during a slowdown, the partner moves market becomes increasingly active with firms looking to police their equity more stringently. The purpose of this article is to address, in the context of recent legal developments, issues which management need to have mastered regarding the application of restrictive covenants in managing such moves, both in respect of partners as well as employees, including in an international context.

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