When we last wrote about IBM’s efforts to enjoin David Johnson, its former Vice President of Corporate Development, from joining Dell, Judge Stephen Robinson of the Southern District of New York had denied IBM’s second motion for preliminary injunction and the Second Circuit Court of Appeals was preparing to hold oral argument on the matter. The Court of Appeals

Continue Reading IBM v. Johnson: the Second Circuit Weighs In

When we last wrote about IBM’s efforts to enjoin David Johnson, its former Vice President of Corporate Development, from joining Dell, Judge Stephen Robinson of the Southern District of New York had denied IBM’s Motion for Preliminary Injunction following a June 22, 2009 preliminary injunction hearing, and IBM had filed an interlocutory appeal. On June 24, 2009, IBM filed


Continue Reading IBM v. Johnson: The Saga Continues

In the wake of its ultimately successful efforts to obtain an injunction against former executive Mark Papermaster following Papermaster’s move to Apple, IBM recently sought to enjoin David Johnson from joining Dell. Johnson, who was IBM’s Vice President of Corporate Development, recently joined Dell as its Senior Vice President of Strategy.  After conducting a preliminary injunction hearing, Judge Stephen Robinson of

Continue Reading First Apple, Now Dell: IBM Pursues a Departing Executive

Apple issued a press release today stating that the litigation between IBM and former IBM executive Mark Papermaster has been resolved and that Papermaster will commence employment with Apple on April 24, 2009. Papermaster will join Apple as its senior vice president of Devices Hardware Engineering, reporting to Apple CEO Steve Jobs. 

This development takes place 81 days after Judge Kenneth

Continue Reading IBM and Mark Papermaster Resolve their Dispute

On November 21, 2008, Judge Kenneth Karas of the Southern District of New York published his November 7, 2008 Amended Opinion and Order granting IBM’s Motion for Preliminary Injunction against former IBM executive Mark Papermaster. Judge Karas granted the Motion following extensive briefing from the parties, as well as a November 6, 2008 hearing on the Motion. The parties did
Continue Reading Judge Karas: Mark Papermaster will Inevitably Disclose IBM Trade Secrets in Working for Apple

There have been several developments in the litigation between IBM and its former executive Mark Papermaster since the Court enjoined Papermaster from working for Apple on November 6, 2008. First, the Court has ordered IBM to post a bond in the amount of $3,000,000 to cover any potential finding that IBM wrongfully obtained its injunction against Papermaster. 

Papermaster filed his
Continue Reading Developments in the IBM v. Papermaster Litigation

On November 6, 2008, Judge Kenneth Karas of the United States District Court for the Southern District of New York granted preliminary injunctive relief to IBM and ordered that a former executive, Mark Papermaster, refrain from working for Apple. 

According to IBM’s Complaint, Papermaster worked for IBM as a member of the Company’s elite Integration and Values Team, which
Continue Reading Court Enjoins Former High-Level IBM Executive from Working for Apple