In TEKsystems, Inc. v. Lajiness, 2013 WL 3389062 (N.D.Ill. 2013), the Northern District of Illinois, applying Maryland law (due to a contractual choice of law provision), upheld a 50 mile/18 month restrictive covenant in a recruiter’s employment contract. The plaintiff employer sued one of its former recruiters for violating a non-compete provision contained in a …
Category Archives: Business Torts
Illinois Trade Secrets and Customer Lists
Garon Foods v. Montieth, 2013 WL 3338292 (S.D.Ill. 2013), analyzes the Illinois Trade Secrets Act, 765 ILCS 1065/1 et seq. (ITSA) and the governing preliminary injunctive relief standards in a diversity dispute over the distribution of pepper jack cheese products. The plaintiff peppers distributor sued a former employee after she resigned and went to work for one of plaintiff’s suppliers. The …
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The Fifield Case: Two Years of Continuous Employment = Sufficient Consideration to Enforce Restrictive Covenants
In Fifield v. Premier Dealer Services, Inc. 2013 IL App (1st) 120327, http://www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1120327.pdf the Court squarely held that two years of continued employment is required to uphold a noncompetition or nonsolicitation provision. Facts and Procedural History Plaintiff resigned about three months after starting his job as an insurance salesman and went to work for a competing firm. He …