Manufacturing
Successfully secured a preliminary injunction against the former owner, majority shareholder and seller of a business who had executed a non-compete ancillary to the sale of that business. During the trial, the defendant consented to the issuance of a permanent injunction and to damages offsetting deferred compensation.
Medical Professionals
On behalf of an orthopedic surgeon who had signed a covenant not to compete with a private practice, we successfully persuaded the employer not to institute litigation when the physician left his employment. No compensation of any kind was paid by the surgeon to his former practice.
Patent/Cutting Edge Technology
Successfully defended a professor and other physicians and technicians in a university laboratory in an alleged trade secret disclosure dispute involving the measurement of T-cell secretions, an important stepping stone in identification of the cure for AIDS. Although the state trial court awarded a TRO preventing disclosure of the alleged trade secret by the professor in a speech before the World Health Organization, we removed the dispute to federal court, sought to dissolve the TRO and procured a voluntary dismissal of the entire lawsuit minutes before the depositions of the plaintiff’s representatives were about to be taken. The client, through our business group, later secured the technology for commercial development.
Commercial Enterprises
Successfully defended the Vice President of Sales who allegedly violated a non-compete agreement by beginning to work for a direct competitor in the packaging business. Money damages were not paid on behalf of the defendants, and the dispute was resolved when the parties agreed that certain customers would not be contacted for a period of time. This agreement had very little impact upon our client’s ability to move forward.
Accountants
Represented the founder and several partners of an accounting firm which was in danger of dissolution when a major business producing partner decided to form his own firm. Although a lawsuit was filed by the departing partner, the dispute was resolved following protracted negotiations by which myriad issues, including unfair competition and trade secret disclosure allegations, were made.
Marketing/Advertising
Represented two major firms in this area. In the first case, our client employed an entire division of a competing advertising firm with specialization in the high performance automotive field. The plaintiff/former employer never requested preliminary injunctive relief, and the matter was settled based upon installment payments which were particularly affordable in light of the significant volume of business which was generated. The suit was settled in order to avoid the cost and inconvenience of litigation.
In the second matter, we provided advice to a leading marketing/ advertising firm when it similarly hired away a competitor’s major producer/officer. We guided the new employer/client throughout the process and were prepared to, at any time, file a declaratory judgment action, which filing proved to be unnecessary. This matter evidences our cost effective approach to even emergency matters such as these.
We have successfully prosecuted claims involving breach of non-competition and non-solicitation agreements on behalf of one of the nation’s leading providers of outsourced business services. The lawsuits have been pursued in state and federal courts in Cleveland and in cities outside Ohio. We have secured relief in the form of temporary restraining orders, preliminary injunctions and permanent injunctions.
Have successfully prosecuted cases involving claims of trade secret misappropriation and breach of non-competition agreements on behalf of a publisher of classifieds and editorial magazines with over ten-thousand employees.
Have successfully defended a former employee of a company that purchased medical bad debt. The case, filed in federal district court in Cleveland, alleged that the former employee misappropriated trade secrets and violated a non-competition agreement. We demonstrated that documents in the employee’s possession were not confidential and that the non-competition provision at issue could not be enforced by a successor company.