On February 3, 2012, the Appellate Court of Illinois, Second District reversed and remanded the Winnebago County Circuit Court’s decision in Hafferkamp v. Llorca in a significant unpublished non-compete decision. The Second District held that the trial court failed to properly apply the Illinois Supreme Court’s standard set in Reliable Fire Equipment v. Arredondo to determine whether
Continue Reading Illinois Appellate Court Holds That Illinois Supreme Court Non-Compete Decision In Reliable Fire Applies Retroactively
legitimate business interest
Illinois Appellate Court Says Legitimate Business Interest Not Necessary to Enforce a Covenant-Not-To-Compete
By Paul E. Freehling on
Posted in Non-Compete Enforceability
In a landmark decision just issued, the Illinois Appellate Court, Fourth District, ruled that an ex-employer seeking to enforce a covenant-not-to-compete against former sales personnel need only show that the time-and-territory restrictions are reasonable and need not prove, in addition, that there is a sufficient legitimate-business-interest in enforcement.
In Sunbelt Rentals, Inc. v. Ehlers, No. 4-09-0290 (9/23/09), the appellate…
California Court of Appeal Decision Throws Specific Performance to the Wind for California Businesses Intending To Use Trade Secrets as a Basis to Enforce Covenants Not To Compete
By James D. McNairy on
Posted in Restrictive Covenants
By Kurt Kappes and Jim McNairy
On August 20, 2009, the California Court of Appeal for the Fourth Appellate District issued an order certifying publication of its decision in The Retirement Group v. Galante, No. D054207, 2009 WL 2332008 (Cal. App. 4th July 30, 2009). In Galante, the Court analyzed the tension between California’s strong public policy favoring competition, as embodied in…