Kavitha Gupta's blog

5 Key Considerations When Negotiating an Executive Employment Agreement By: Andrew Sherrod Hiring and retaining capable executives who can drive performance is a top priority for most any business. Companies should want to incentivize management employees to meet their goals and, at the same time, protect themselves from poor performance or incidents of misconduct. Talented executives with coveted skills and experience have their own expectations and requirements concerning compensation, performance criteria, benchmarking, etc. To maintain the proper balance between the interests of the company and the executive, drafting effective employment agreements for key personnel is essential. While not an exhaustive list, below are five important aspects of executive employment agreements that will nearly always warrant consideration during the negotiation process. 1. Protect the Company’s Confidential Information and Property Senior management employees typically have access to sen...

The Federal Court of Malaysia has held that a Confidentiality agreement signed by the employee should not be used to enforce non-compete clause against their employees and the employer is required to prove the confidential information that has been breached and the irreparable damage caused to the company due to su ch breach including the infringement of its IP rights.  Courts weigh in on requirements for breach of confidentiality claims Newsletters October 18 2016 | Contributed by Gan Partnership Malaysia Facts The appellants in Dynacast (Melaka) Sdn Bhd v Vision Cast Sdn Bhd (1) were part of Dynacast's group of companies (hereafter, 'Dynacast Group') which were in the business of die casting components. In 1980 the second respondent, Mr Cheok, was employed by Dynacast Group and eventually appointed as regional director until he resigned in 2002. Thereafter, Cheok set up Vision Cast – the first respondent in the case at hand. Subseq...

Singapore High Court resolves ambiguity in employment contract in ex-employee’s favour Baker & McKenzie Singapore August 28 2015  If a term of the employment contract is vague or ambiguous, is the employee bound by the meaning which the employer attributes to it? This was the issue which the Singapore High Court had to consider in a recent case1 .  The employee, Corinna Chin Shu Hwa ("Chin"), was formerly employed by Hewlett-Packard Singapore (Sales) Pte Ltd ("HP"). A dispute had arisen between the parties as to the correct interpretation of several terms of Chin’s employment contract. These terms concerned the payment of various incentive compensation. Chin commenced legal proceedings against HP for monies which she claimed were owed to her under those provisions. Following the trial of the action, the Court allowed Chin's claim and held that she was entitled to the full sum of $627,369.54 being claimed. From this sum, $584,613.19 was aw...

CCI rejects complaints against Flipkart, Snapdeal and other e-retail majors New Delhi:  The Competition Commission has rejected allegations of unfair business practices against five online retail majors -- Flipkart, Snapdeal, Amazon, Jabong and Myntra -- as it did not find any prima facie evidence of violations. The complaints were filed against Flipkart India Pvt Ltd, Jasper Infotech Pvt Ltd, Xerion Retail Pvt Ltd, Amazon Seller Services Pvt Ltd and Vector E-commerce Pvt Ltd. After looking into the matter for the past few months, the fair trade regulator has ruled that these entities did not violate competition norms by indulging in cartelisation or by abusing their dominant position. Jasper runs Snapdeal.com, Xerion owns Jabong.com, while Vector is the company behind Myntra.com. Myntra has been acquired by Flipkart.com "... the Commission is of the prima facie view that no case of contravention of the provisions of either section 3 or section 4 of the Act is made...