Featured Articles

Trade Secret Claim Wins Out to Protect Software.

Michael Elkon
November 10, 2009 20:52

In Coleman v. Retina Consultants, P.C., the Georgia Supreme Court reversed a trial court’s decision to enjoin a former employee based on his non-compete provision, but it upheld the injunction to the extent that it prevented the employee from using his former employer’s trade...

Coffee Wars: Starbucks Sues To Stop Former Executive From Joining Dunkin' Donuts

ewetty@seyfarth.com
October 09, 2009 15:41

Earlier this week, Starbucks Corp. sued a former executive in the U.S. District Court for the Western District of Washington, seeking enforcement of a noncompetition agreement. (Starbucks Corp. v. Paul Twohig, Civil Action No. 09-01404 (W.D. Wash.)) Former Division Senior Vice President...

Recent Articles

"Circumstantial" Proof of Solicitation Found Insufficient by District of New Jersey

August 30, 2010 22:10

ING Life Ins. and Annuity Co. v. Gitterman, Slip Copy, 2010 WL 3283526 (DNJ August 18, 2010) Plaintiffs ING Life Insurance and Annuity Company (“ILIAC”) and ING Financial Advisors (“IFA”) (collectively, “Plaintiffs” or “ING”), sought to enjoin...

Eleventh Circuit Finds 43-City Non-Compete Enforceable Under Georgia Law

August 26, 2010 15:02

On August 19, 2010, the Eleventh Circuit Court of Appeals reversed a district court's denial of a motion for injunctive relief regarding enforcement of an employer's non-compete and non-solicitation provisions. Mohr v. Bank of New York Mellon Corp., No. 10-11890, 2010 WL 3273059 (11th Cir. Aug. 19,...

Western District of New York upholds Non-Compete and Grants TRO

August 24, 2010 19:03

Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality...

Update on Georgia Restrictive Covenant Cases

August 05, 2010 20:51

The Georgia Court of Appeals issued two decisions in July addressing restrictive covenants in Georgia. In both instances, the Court of Appeals upheld trial court findings that the covenants were unenforceable under existing Georgia law. In Peachtree Fayette Women’s Specialists, LLC, v....

Bimbo Bakeries v. Botticella: Man vs. Muffin, Muffin Wins Injunction

August 03, 2010 19:51

             On July 27, the United States Court of Appeals for the Third Circuit affirmed a district court’s order enjoining a senior executive from Bimbo Bakeries USA, Inc., from working for one of Bimbo’s competitors,...

Franchise and Dealer Relations: Protecting Your Trade Secrets and Brand

July 09, 2010 15:37

On July 28, 2010, Seyfarth Shaw will continue its webinar series on trade secrets, with a focus franchise and dealer relations. The fourth webinar of the 2010 series will focus on how to protect trade secrets, trade dress/marks, and goodwill while maintaining and enhancing successful franchises and...

Attorneys' Fees Assessed For Failed Effort To Enforce An Overbroad Non-Compete Clause

June 23, 2010 19:11

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. What seemed at first like it would be a victory for Kenyon, because...

To Get Injunctive Relief, Be Able to Prove Specific Irreparable Harm

June 22, 2010 15:27

In New York, injunctive relief will not be awarded unless the plaintiff sets forth specific non-monetary harm to Plaintiff in a trade secret case. In Systems Management Planning, Inc., v. Gordon, 23 Misc.3d 1104(A), 2009 WL 901514 (N.Y.Sup.) (Sup. Ct., Monroe Co, April 3, 2009), the court, in...