Collier HMA v. Menichello a medical noncompete dispute, considers whether a third party can enforce a noncompete after a merger. Jettisoning the “changed corporate culture and mode of operation” test, the Florida appeals court applied basic principles of corporate law to determine whether a parent company’s merger necessarily meant its subsidiary merged too and couldn’t enforce …
Tag Archives: noncompete
‘Helpful’ Client List Not Secret Enough to Merit Trade Secret Injunction – IL Court
Customer lists are common topics of trade secrets litigation. A typical fact pattern: Company A sues Ex-employee B who joined or started a competitor and is contacting company A’s clients. Company A argues that its customer list is secret and only known by Ex-employee B through his prior association with Company A. Whether such a …
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 …