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ARTICLE · 21 JULY 2023

Twitter VS Threads | Could Employment Restrictive Covenants Apply

Elon Musk, the embattled CEO of Twitter is threatening to sue Meta, headed by Mark Zukerberg. Mr Musk alleges that Meta used Twitter's trade secrets and intellectual property (IP) to build Threads...

United KingdomIntellectual Property

Elon Musk, the embattled CEO of Twitter is threatening to sue Meta, headed by Mark Zukerberg. Mr Musk alleges that Meta used Twitter's trade secrets and intellectual property (IP) to build Threads as well as hiring dozens of ex-Twitter employees.

We need to emphasise that this article discusses the law in England and Wales. American law is quite different, and it is beyond the scope (and perhaps usefulness) of this piece. In England and Wales, an employer can attempt to protect confidential information and trade secrets by having employees sign a restrictive covenant. They can also include a confidentiality clause within the company's employment contracts.

WHAT IS A RESTRICTIVE COVENANT IN AN EMPLOYMENT CONTRACT?

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