Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Stericycle, Inc. v. Carney, 2013 WL 3671288 (N.D.Ill. 2013) is post-worthy for its useful gloss on the enforceability of restrictive covenants, Federal pleading requirements and a purchasing corporation’s standing to assert the restrictive covenant rights of its predecessor. Facts: In 2007 and 2008, defendant signed employment agreements (the “SEI Agreements”) with SEI, his former employer. …
Continue reading “Successor Corporation Can’t Enforce Expired Restrictive Covenants”
Earlier this month, in Tradesman International, Inc. v. Black, et al., 2013 WL 3949020 (7th Cir. 2013), the Seventh Circuit affirmed summary judgment against a plaintiff construction staffing firm that sued four former employees for violating restrictive covenants they signed while employed by plaintiff. The Plaintiff sought to enforce 18-month long and (effectively) nation-wide restrictive covenants (“non-competes”) that prevented defendants …
ThyssenKrupp Elevator Corporation v. Hubbard, 2013 WL 3242380 (M.D. Fla 2013) considers whether a company that buys the assets of another can enforce the purchased company’s non-compete agreements. The defendant was an elevator salesman for a company that was bought by the plaintiff. an elevator company. The defendant previously signed a non-disclosure (involving intellectual property), …
Continue reading “Third Party Corporation Can Enforce Non-Compete After Stock Purchase”