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Results: 1-10 of 58

Beware: over-inclusive non-compete agreement may be unenforceable

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 21 2014

An employment agreement non-competition provision stated that, for 18 months after termination, the employee shall not become employed by or act

Federal Appellate Court lacks jurisdiction to hear appeal of expired non-compete preliminary injunction

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 2 2013

The Eleventh Circuit recently dismissed an appeal of a preliminary injunction order on the grounds that the appeal was moot because the injunction

No damages? Illinois federal court tosses Computer Fraud and Abuse Act claim alleging hacking of law firm network

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 13 2013

An Illinois federal court recently found in the favor of the defendant on a plaintiff's Computer Fraud and Abuse Act claim because the plaintiff

Attorneys' fees assessed for failed effort to enforce an overbroad non-compete clause

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 23 2010

Kenyon International Emergency Services will pay a heavy price for seeking to enjoin eight former employees and their new employers from violating non-compete and non-solicitation restrictions found to be unreasonable

Paramedics defeat noncompete and customer nonsolicit preliminary injunction on grounds of potential harm to public and paramedics

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 24 2012

A private medical transport service was recently unsuccessful in persuading the U.S. District Court for the Northern Mariana Islands to enter a preliminary injunction prohibiting two ex-employees from competing with and soliciting customers of their former employer

Are non-competition and non-solicitation provisions in an employment agreement enforceable despite the absence of compensable damages?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 15 2012

In a recent ruling, a West Virginia federal judge held that litigation involving a former employee’s claimed violation of covenants not to compete and not to solicit the ex-employer’s workers must proceed to trial even though the ex-employer produced no evidence of monetary loss

Injunctive relief and a substantial monetary judgment awarded to national CPA firm against former employees who breached non-compete agreements

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 14 2011

The national CPA firm of Mayer Hoffman McCann P.C. (“MHM”), based in Missouri, scored a major victory when the Eighth Circuit Court of Appeals affirmed a trial court’s injunctions and liquidated damages award of $1,369,921 against four former stockholder-employees in Minnesota

North Carolina federal court uses Computer Fraud and Abuse Act claim to exercise supplemental jurisdiction over state law claims against former employee and her new employer

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 20 2013

A North Carolina federal court judge exercised his discretion recently to deny a Federal Rule 12(b)(1) motion to dismiss, for lack of subject-matter

Texas appellate court voids, as contrary to fundamental Texas law, incentive compensation contract imposing a substantial penalty for post-employment competition with the ex-employer

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 13 2012

Under Texas law, a restraint on competition without reasonable time and geographical limitations is unenforceable

Ex-employee violated duty of loyalty, breached non-compete, and committed computer fraud act violation, but new employer not liable for misappropriation of non-trade secret "confidential information"

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 11 2011

A dental products supply company, DHPI, won partial summary judgment from a Wisconsin federal court against its ex-employee, Ringo, for competing with DHPI both while still an employee and soon after resigning