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Restrictive Covenants › Preliminary Injunctions › Corporate Counsel

Foley & Lardner LLP

Delaware Court Confronts Issue of First Impression: When a Company Attempts to Enforce a Noncompete Seeking Only Damages, Does the...

Foley & Lardner LLP on

In Fortiline, Inc. v. McCall, the plaintiffs sought to enforce a noncompetition agreement against its former employees through a preliminary injunction. The court denied the injunction, holding the noncompetition agreements...more

Fisher Phillips

Still On Track, For Now: Pennsylvania Court Denies Request to Block FTC Non-Compete Ban, But Other Challenges Continue

Fisher Phillips on

A Pennsylvania federal judge has just declined to issue an order to preliminarily block the FTC’s non-compete ban ahead of its September 4 effective date. The court rejected the employer’s argument that the rule is an...more

Saul Ewing LLP

Texas Federal Court Temporarily Blocks FTC Non-Compete Rule for a Limited Group of Employers – Now What?

Saul Ewing LLP on

As most employers are aware, and as we previously discussed in an April blog post, the Federal Trade Commission (“FTC”) enacted a sweeping administrative rule banning the vast majority of non-competition agreements in the...more

Proskauer - Law and the Workplace

Delaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision And Nationwide Non-Compete

Proskauer - Law and the Workplace on

On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the...more

Farrell Fritz, P.C.

Is Customer Information A Trade Secret? Not So Fast!

Farrell Fritz, P.C. on

Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves...more

Orrick - Trade Secrets Group

Court Order to U-Haul: Haul Your Non-Compete Clauses Out of California

Orrick - Trade Secrets Group on

A California appellate court recently upheld a permanent injunction in Robinson v. U-Haul Company of California barring U-Haul from enforcing its non-compete covenants in California. U-Haul also was required to pay over...more

Seyfarth Shaw LLP

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

Seyfarth Shaw LLP on

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Seyfarth Shaw LLP

Despite Evidence That Ex-Employee Violated Customer Non-Solicitation Covenant, Injunction Denied Because No “Irreparable” Harm

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Touzot was an employee of ROM, a seller of products used in making balsa wood model planes and boats. His employment agreement included a post-termination customer non-solicitation covenant. After he left ROM, he became a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Rhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare...

Ogletree, Deakins, Nash, Smoak & Stewart,... on

One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations....more

Seyfarth Shaw LLP

Trend In The Courts: It’s Getting Harder To Obtain Preliminary Injunctions In Restrictive Covenant Cases

Seyfarth Shaw LLP on

In recent weeks, courts almost routinely have been denying preliminary injunctive relief in cases alleging violation of non-compete and similar employment agreements. Three examples: Burleigh v. Center Point Contractors,...more

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