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How to Avoid the Legal Pitfalls of a Team Move

17 July 2014

Mason Hayes & Curran Technology Law Blog

This article, written by Catherine-Ellen O'Keeffe, first appeared on Independent.ie on 10 July 2014. © Copyright Irish Independent 2014. All rights reserved. To view this article as it originally appeared, click here.

The success of a company is often connected to the specific knowledge, skill and connections of its key employees. It is, therefore, not uncommon for a company to recruit a whole team of employees from its competitors.

For instance, a company may try to recruit a manager from its competitor and also make enquiries with that manager to see if other members of their team would like to join.

Until recently, disputes between the players involved in a team move have been relatively infrequent in Ireland.

However, with signs now of an upturn in the economy, the risk of talent flight is increasing. So what can a company do to try to avoid being held responsible for any losses suffered by the former employer? Equally important, the team itself needs to be aware from the outset of the legal risks associated with the move taking place.

They too could be held responsible. The reality is, however, that if a team is already on the move before a strategy is in place, it is often too late to limit the legal exposure for the players involved.

There are a number of different ways in which the recruiting employer and team of employees can take action to avoid the legal pitfalls.


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