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Non-Compete & Restrictive Covenant Litigation

Experience Highlights

  • (Mich. Cir.); (Ga. Super.); (Tex. Dist.) – Obtained temporary restraining orders in Michigan and Georgia and final order in Texas enforcing terms of non-competition agreements for  legal education provider against its primary competitor and prior employees

  • (Tex. Dist.) — Defeated application for temporary restraining order against our clients, an executive and the start-up company with which he was affiliated, and obtained the prompt dismissal of the underlying breach of contract lawsuit after successfully challenging the enforceability of the non-competition clauses at issue

  • Obtained a preliminary injunction, following a three-day trial, which prevented a former Chief Executive Officer from establishing a competing business with his former company, which our client had just bought. Following entry of the injunction, negotiated a favorable settlement which included repayment of the CEO of a substantial portion of the consideration that had been paid for his former company

  • Obtained a temporary restraining order against two former employees that restricted those employees from using our client’s confidential information in the establishment of a competing business. After obtaining the restraining order, negotiated a settlement which extended its terms and required the employees to make restitution of six months’ pay

  • Obtained judgment against a former employee of our client who breached non-competition obligations by establishing a rival marketing business; judgment included court order requiring disgorgement of proceeds obtained in violation of non-competition agreement

  • Defeated motion for preliminary injunction on behalf of a software company in a case that alleged tortious interference with advantageous business relationships and sought to prevent two of our client’s senior employees from engaging in sales efforts that allegedly violated their non-competition obligations

  • Obtained federal bankruptcy court judgment that non-competition agreement was not an executory agreement that could be discharged (and thus disregarded) by a former employee who had entered bankruptcy proceedings

  • Obtained judicial enforcement of non-competition and non-solicitation agreements that former executives had entered with our software industry client

  • Represented an international credit card and banking company in the drafting and enforcement of its employees’ non-competition and non-solicitation covenants throughout the United States, Europe, and Asia