The Second Circuit Court of Appeals has rejected applications by IBM to prevent a former employee, David L. Johnson, from continuing to work at rival Dell Inc. IBM sought to enforce a non-compete agreement which Johnson intentionally signed in the wrong place.
Continue Reading Update: Second Circuit Rejects Appeals in Case Where Former IBM Employee Intentionally Signed Non-Compete Agreement in Wrong Place
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Court Denies Preliminary Injunction Sought by IBM Because Former Employee Signed Non-Compete Agreement in Wrong Place
By David J. Clark on
Posted in Non-Compete Agreements
A recent decision of the United States District Court, Southern District of New York, illustrates the importance for employers of making sure non-competition agreements are correctly executed by employees.
Continue Reading Court Denies Preliminary Injunction Sought by IBM Because Former Employee Signed Non-Compete Agreement in Wrong Place
A New Byte of the “Inevitable Disclosure” Apple
By David J. Clark & Peter L. Altieri on
Posted in Inevitable Disclosure
A recent decision of the United States District Court, Southern District of New York, entitled International Business Machines Corporation v. Papermaster, No. 08-CV-9078 (KMK), 2008 WL 4974508, 2008 U.S. Dist. LEXIS 95516 (S.D.N.Y. Nov. 21, 2008), appears to have breathed new life into the “inevitable disclosure” doctrine, apparently easing the burden of proof that an employer must satisfy in order to show the irreparable harm necessary for a court to grant an injunction preventing the former employee from working for a competitor.
Continue Reading A New Byte of the “Inevitable Disclosure” Apple