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Non-Compete Agreements

This category contains 58 posts

Prominent North Carolina Doctor Wins First Round of Non-Compete Fight

A recent North Carolina non-compete case has pitted one of the nation’s largest allergy clinics against one of North Carolina’s most respected physicians.  Earlier this month, Charlotte-based Carolina Asthma and Allergy Center (CAAC) filed a lawsuit against one of its former doctors, Dr. Maeve O’Connor.  Dr. O’Connor has joined the practice back in 2003 and … Continue reading

Advanced Micro Devices Sues Former Employees for Massive Theft of Trade Secrets

Advanced Micro Devices, Inc. (AMD), one of the world’s largest manufacturers of computer graphics cards, has sued four former employees alleging a massive theft of company trade secrets.  The case was filed last week in the United States District Court for the District of Massachusetts. According to the complaint, former AMD executive Robert Feldstein was … Continue reading

Amazon (Basically) Loses Non-Compete Case Against Former Employee Who Left For Google

In October of this year, Amazon sued a former employee who had jumped ship and gone to work for Google.   Beginning in mid-2010, Daniel Powers served as a vice-president of Amazon’s Web Services division.  His principal job in that capacity was to sell Amazon cloud computing services to businesses.  Powers left Amazon in June, signed … Continue reading

FTC Enters Final Order Invaliding Non-Compete Agreements of Reno Cardiologists

Last week, the Federal Trade Commission issued a final decision approving a consent order that will invalidate the non-compete agreements of ten cardiologists who are terminating their employment with Renown Health in Reno, Nevada. The move has been expected since late this summer, when the parties reached a tentative agreement on the matter. The situation … Continue reading

Advertising Giant Leo Burnett in Non-Compete Fight Over Kellogg Account with Eight Former Employees

Early this month, eight employees of the advertising giant Leo Burnett Company simultaneously left the company in the midst of work on a critical project for a major client.  Ostensibly, the Leo Burnett Eight have their eyes set on taking that client and making it big on their own.   Leo Burnett is one of the … Continue reading

DOJ Sues eBay for Non-Compete Pact

On Friday, the Department of Justice filed a lawsuit against eBay accusing the company of entering a non-compete pact with software maker Intuit.  Under the terms of the alleged secret deal, both companies agreed to refrain from recruiting or hiring each other’s employees.  According to the DOJ, both companies aggressively policed their respective workforces to … Continue reading

Zynga Adds Rival Kixeye as Defendant in Trade Secrets Case & Kixeye Countersues

The Zynga saga continues.  In October, Zynga – the company that makes popular Facebook games like FarmVille – filed a lawsuit against a former employee, Allan Patmore.  In short, Zynga alleges that Patmore left the company, took a ton of confidential information and trade secrets with him then went to work for a competitor Kixeye.  … Continue reading

Non-Compete Cases and Choice of Law: A Recent Case From Missouri

A recent non-compete case out of Missouri raises a number of interesting considerations, including some related to choice of law and conflicts of law.   The case is TLC Vision (USA) Corp. v. Freeman, 2012 WL 5398671 (E.D. Mo. Nov. 2, 2012). TLC is basically in the business of running centers that provide vision correction services. … Continue reading

Zynga Sues Former Manager Over Theft of CityVille Trade Secrets

In the realm of non-compete and trade secret litigation, there are certain truisms that have stood the test of time.  Among the most basic:  Do not take company files with you.  This is a classic blunder.  You know, like getting involved in a land war in Asia.  It is a bad idea.  When you take … Continue reading

In Harlan Laboratories Case, MA Court States the Obvious: Leave the Customer Files Behind

Yesterday evening, at a cigar bar in Fort Lauderdale (shout out to the Florida Cigar Company), I had a discussion with a few gentlemen that touched upon the issues of confidential information, non-compete agreements and computer forensics.  One of these gentlemen was in the process of separating from his current employer and starting his own … Continue reading

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