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In a well-written recent opinion concerning violation of both a confidentiality/non-compete agreement and a preliminary injunction, a federal judge explained in detail why she was awarding liquidated damages, entering a permanent injunction, and assessing legal fees.

Summary of the Case

Two financial planners, one an individual and the other a corporation, negotiated a merger of their businesses.  Before being provided …
Continue Reading Liquidated Damages, A Permanent Injunction, and Attorneys’ Fees Awarded For Violating Non-Disclosure/Non-Compete Agreement And Preliminary Injunction

A recent Louisiana non-compete case involving two appellate decisions addresses three significant issues in non-compete litigation: 1) whether a former employee’s referral of customers to a new employer violated the employee’s non-solicitation of customer covenant; 2) the consequences of violating the covenant and court injunction; and 3) the appropriate standard of proof for contempt proceedings.

Summary of decision. Five years …
Continue Reading Referring Former Employer’s Customers To New Employer Held Violation Of Injunction, Resulting In Finding Of Criminal Contempt

By Vincent Smolczynski

A California federal district court judge recently issued a contempt citation and sanction award of $73,000 against a defendant in a trade secret misappropriation dispute for violating a court order to preserve evidence pending a hearing on a temporary restraining order. The case is Amron International Diving Supply, Inc. v. Hydrolinx Diving Communication, Inc., No. 11-CV-1890-H…
Continue Reading California Federal Court Hammers Defendant For Destroying Evidence In Trade Secret Rift