Executive Counsel Blog

The Employment Law Group® law firm provides legal counsel for executive compensation negotiations.

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Entries Tagged as 'Noncompete Litigation'

Monster.com Parent Company Sues Former Vice President for Soliciting Workers in Violation of Agreement

December 28th, 2011 · No Comments

Monster Worldwide, Inc., the parent company of the internet-based job search service Monster.com, filed a breach of contract suit against its former executive vice president, Darko Dejanovic, in the U.S. District Court for the Southern District of New York on December 16, 2011. The suit alleges that Dejanovic violated nonsoliciation agreements he had entered into […]

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Tags: Breach of Contract · Executive Compensation · Noncompete Litigation

Virginia Court Refuses to Enforce Overbroad Non-Compete Provision, Overruling Precedent Regarding an Identical Provision

November 8th, 2011 · No Comments

On November 4, 2011, the Circuit Court of Fairfax County, in Home Paramount Pest Control Co. v. Shaffer, explicitly overruled its 1989 decision in Paramount Termite Control Co. v. Rector, holding unenforceable the same non-compete language it had previously enforced.  The court noted that stare decisis is not “an inexorable command,” and “was never meant […]

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Tags: Noncompete Litigation · Noncompetition Litigation

Virginia Judge Voids Non-compete, Enforces Non-solicitation Provision in Employment Agreement

August 25th, 2010 · No Comments

Settling the dispute between IT professionals and their former employer in Daston Corp. v. MiCore Solutions, Inc., Fairfax Circuit Judge Michael F. Devine held a non-compete provision in an employment agreement void while also holding the agreement’s non-solicitation provision enforceable.  The judge found the non-compete too broad, because it prohibits the IT professionals from providing […]

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Tags: Noncompete Litigation · Noncompetition Litigation

California Court of Appeal Broadens Scope of Wrongful Termination

August 6th, 2010 · No Comments

The Court of Appeal held in Silguero v. Creteguard, Inc. that an employer can be liable for wrongful termination when firing an employee for having signed an unenforceable non-compete agreement with their prior employer.  Under Tameny, employers cannot terminate employees for a reason that is contrary to public policy.  The court ruled that honoring an […]

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Tags: Noncompete Litigation · Noncompetition Litigation

U.S. Court Declines Enforcing BP Non-Compete Against Virginia Gas Station

July 27th, 2010 · No Comments

On July 15, 2010, the U.S. District Court for the Eastern District of Virginia ruled in the case of BP Products N.A. v. Stanley that British Petroleum’s covenant not to compete with a Virginia gas station was overly broad, and therefore unenforceable.  BP included the contested provision in the deed of a gas station it […]

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Tags: Noncompete Litigation · Noncompetition Litigation

Employment Lawyer Scott Oswald Presents at DC Bar

June 15th, 2010 · No Comments

On June 14, 2010, Scott Oswald, Principal at The Employment Law Group® law firm, spoke at a D.C. Bar CLE event entitled “Fundamentals of Employment Law:  Establishing the Employment Relationship.”  For more information about upcoming speaking engagements featuring the employment attorneys of TELG, click here.

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Tags: Breach of Contract · Executive Compensation · Executive Compensation Attorney · Noncompete Litigation · Noncompetition Litigation · Severance Agreements

Eastern District Court of VA Grants Motion to Dismiss Employer’s Non-Compete Complaints

November 18th, 2009 · No Comments

On November 16, 2009, Judge Trenga of the U.S. District Court for the Eastern District of Virginia granted defendants’ Motions for Summary Judgment in a suit brought by an employer against former employees for breach of non-compete agreements.  The suit also alleged various breach of contract and tortious interference with business claims.  In the case, […]

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Tags: Breach of Contract · Noncompete Litigation · Noncompetition Litigation · Tortious Interference

The Employment Law Group® Law Firm Publishes Article on Non-Compete Litigation

June 17th, 2009 · No Comments

Litigation News has published an article by Scott Oswald and Jason Zuckerman of The Employment Law Group® law firm on non-compete litigation.  The article discusses strategies for defending non-compete claims, including filing a declaratory judgment against the employer; asserting the “unclean hands” defense; seeking sanctions against an employer attempting to enforce an invalid non-compete; and […]

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Tags: Noncompete Litigation

Saint-Gobain Claims Ex-Employees Stole Trade Secrets

November 14th, 2008 · No Comments

Saint-Gobain Ceramics & Plastics, Inc. (“Saint-Gobain”) is suing two former employees and their new employer for allegedly stealing trade secrets and proprietary information related to the design and manufacturing process of high temperature gas tubes that are used to detect radiation.  Saint-Gobain is seeking an injunctive relief, lost profits, punitive damages, and attorneys’ fees and […]

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Tags: Noncompete Litigation

District Court Orders Former IBM Executive to Cease Employment with Apple

November 14th, 2008 · No Comments

On November 7, 2008, a federal judge granted IBM’s motion for a preliminary injunction against Mark Papermaster and ordered the former senior executive to immediately cease employment with Apple Inc. (“Apple”).  In the complaint, IBM alleged that Papermaster breached the terms of his noncompetition agreement by accepting an executive position with Apple, a competitor of […]

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Tags: Noncompete Litigation