Is drafting restraint of trade clauses an exercise in utility or futility? Restraint of trade clauses are used and disputed in various contexts: from employment relationships to shareholder employees and in commercial transactional areas such as franchises, leases, and the sale and purchase of businesses.
- Gain a better understanding of the effectiveness of restraint of trade clauses.
- Understand how to tailor/draft a clause to the specific context.
- Learn more about the use of cascading clauses and the importance of the Illegal Contracts Act 1970.
- Become familiar with recent case law and trends in the interpretation, application and variation of these clauses.
Who should view?
All lawyers interested in using, disputing or enforcing restraint of trade clauses.
Accountants and company directors, as well as those involved in recruitment and franchises, may also benefit from attending.
Greg Blanchard is a Barrister of the High Court of New Zealand. Greg is a specialist commercial litigator experienced in resolving a wide variety of business disputes. Greg has particular expertise in handling Contract disputes, Construction disputes, Fair Trading Act claims, Shareholder disputes, Insolvency litigation, Tax disputes, Securities disputes, Commercial fraud cases, Property and trusts litigation; and Negligence claims. His clients range from private individuals to international companies. Greg is regularly in court. His appearances have been at all levels of the New Zealand courts. He is also well-versed in alternative methods of dispute resolution, including in particular arbitration and mediation.
As a specialist in employment law, Maria acts for both employers and senior employees. She is regularly involved in advice and advocacy on restructuring, disciplinary investigations, confidentiality and restraint of trade issues, independent contractors, privacy, health and safety, employee shareholder and director disputes and professional misconduct charges. Maria is regularly invited to speak at both the New Zealand Law Society and Auckland District Law Society Inc. conferences on employment law topics. In 2013 Maria was appointed a Deputy Chair of the Health Practitioners Disciplinary Tribunal. In 2014, Maria was awarded the New Zealand Law Awards "Mediator of the Year". As an experienced mediator, Maria has been appointed to several mediation panels including the Ministry of Business, Innovation and Employment Weathertight Panel, the Auckland High Court Mediation Pilot Panel, the New Zealand Law Society Complaints Mediation Panel and most recently the Earthquake Commission (Canterbury) Mediation Panel. Maria is a LEADR and AMINZ certified mediator.