Cases
Representative Matters: Representative Non-Compete
/or Trade Secret Cases: ECBM LP v. Brian M. Chance, Civ. Action No. 20-0830 (E.D. Pa. Oct. 15, 2020). Secured denial of motion for a preliminary injunction on behalf of former ECBM employee who joined Stephens Insurance, finding that ECBM had failed to establish that it had more than a negligible likelihood of success on the merits of its claims.
PeopleStrategy, Inc. v. Lively Employer Services, Inc., 3:20-cv-02640 (D. N.J. Aug. 28, 2020). Obtained a preliminary injunction on behalf of an HR consulting company
its subsidiary, in a case in the U.S. District Court for the District of New Jersey against five former employees,
their new company, requiring defendants to cease doing business with the clients' customers, honor their contractual non-solicitation obligations,
stop using the clients' confidential information.
Aramark Services, Inc. v. West, 19-cv-05496 (E.D. Pa. Apr. 17, 2020). Obtained a consent injunction on behalf of Aramark against one of its former senior executives of its Uniform & Career Apparel business.
Zampell Refractories, Inc. v. Helfrich Brothers Construction Services, LLC, Civ. Action No. 1977CV00493 (Essex Cty., Mass. May 3, 2019). Obtained denial of a preliminary injunction motion filed by the plaintiff, a Massachusetts-based refractories company, against its former Vice President.
Osborne Assocs. v. Cangemi, 3:17-cv-1135-J-34MCR (M.D.Fla. Nov. 14, 2017). Obtained a preliminary injunction on behalf of a provider of salon services(Osborne Assocs. d/b/a Generation Salon) to senior living communities enjoining its former managers
the company they formed from competing in violation of the employees non-competition agreements.
Alliance Life Sciences Consulting Corp. v. Fabriczi, 2:17-cv-00864-CDJ (E.D. Pa. Aug. 17, 2017) report
recommendation of Magistrate Judge adopted 2:17-cv-00864-CDJ (E.D. Pa. Sept. 21, 2017). Represented QuintilesIMS (now IQVIA), a technology-enabled healthcare services provider, in obtaining denial of a preliminary injunction motion filed by Alliance Life Sciences Consulting Group against QuintilesIMS
a former employee who joined QuintilesIMS, allegedly in violation of the employee's non-competition agreement with Alliance.
Aramark Services, Inc. v. Procopio, 2:16-cv-04662-RBS (E.D. Pa. Aug. 31, 2016)
(E.D. Pa. Oct. 24, 2016). Obtained a temporary restraining order
later a preliminary injunction on behalf of Aramark against a former senior executive in Aramark's healthcare division, enjoining the senior executive from accepting employment with a competitor.
Allied Construction, LLC v. Cooper, C108-15 (Burlington Cty, NJ Nov. 19, 2015). Obtained a temporary restraining order against the former employee of a construction
solar firm enforcing the former employee's non-competition agreement.
Zeno Digital Solutions, LLC v. Kelly, 4:15-cv-01290 (S.D. Tex. June 17, 2015). Obtained an injunction against a former employee of an office equipment
digital solutions provider prohibiting the former employee
his new employer from competing in violation of the former employee's non-competition agreement.
Nuvasive, Inc. v. Lewis, A-12-CA-1156-SS (W.D. Tex. Oct. 23, 2014). Represented a high-performing medical device sales representative in a jury trial in which her former employer brought multi-million dollar claims against her for, among other things, breach of a non-competition agreement
misappropriation of trade secrets. Following a five-day jury trial in which our client substantially prevailed, the Court awarded her reimbursement of her attorneys' fees under the fee-shifting provisions of the Texas Theft Liability Act.
Synthes, Inc. v. Globus Medical, Inc., 2013-09843 (Chester County, PA May 21, 2014). Secured the denial of a motion for a preliminary injunction filed by Synthes against four of its former employees who left Synthes to join Globus Medical, allegedly in violation of the employees' non-competition agreements with Synthes.
Capsicum Group LLC v. Rosenthal, 2:13-cv-05322-WY (E.D. Pa. Dec. 17, 2013). Obtained a preliminary injunction enforcing non-competition agreements against former employees of a technology services firm, Capsicum Group.
De Lage L
en Financial Services, Inc. v. Thomasian, 2:13-cv-00852-RB (E.D. Pa. Mar. 27, 2013)
2013 U.S. Dist. LEXIS 62639 (E.D. Pa. May 1, 2013). Represented a former employee of DLL (Thomasian), through his new employer (Element Financial), in securing denial of a motion for temporary restraining order,
then a motion for preliminary injunction, filed by DLL seeking to enforce the employee's non-competition agreement with DLL.
The Valspar Corporation v. Van Kuren, 2012 U.S. Dist. LEXIS 111862 (W.D. Pa. Aug. 9, 2012). Obtained on behalf of The Valspar Corporation an injunction prohibiting the former Technical Manager of its Beverage Ends packaging coatings group from working for a competitor, despite the fact that there was no non-competition agreement or other post-employment restrictive covenant prohibiting him from working for a direct competitor, on the grounds that there was a substantial likelihood that he would disclose trade secrets if permitted to work for the competitor.
Synthes USA, LLC v. Mathew, 2009-08219 (Chester County, PA May 18, 2010). Prevailed in obtaining the denial of a motion for a preliminary injunction filed by Synthes against a former employee who left Synthes to join Branch Medical, allegedly in violation of the employee's non-competition agreement with Synthes.
Missett v. HUB International of Pennsylvania, LLC, (Montgomery Cty., PA Dec. 17, 2008). Secured a declaratory judgment for the former employee of an insurance broker finding his non-competition agreement to be unenforceable. Rev'd Missett v. HUB International of Pennsylvania, LLC, 6 A.3d 530 (Pa. Super. Ct. 2010).
Philadelphia Newspapers, LLC v. Classified Ventures, LLC, 06-5213 (E.D. Pa. Nov. 30, 2006). Prevailed in obtaining the denial of a motion for a temporary restraining order filed by the owners of the Philadelphia Inquirer seeking to enforce a non-competition agreement against two of the newspaper's former online sales representatives.
Insight Interactive Group Inc. v. McNally, 040302109 (Philadelphia Cty., PA Mar. 12, 2004). Obtained a temporary restraining order
, later upon consent, a preliminary injunction against the former manager of a digital advertiser enjoining the former manager from soliciting the digital advertiser's clients.
IKON Office Solutions v. Crabb, 01-CV-1851 (Dane Cty, Wisconsin 2001). Obtained a preliminary injunction against former employees of IKON Office Solutions, a national digital equipment
office solutions provider (later acquired by Ricoh),
the business formed by the former employees, in violation of the former employees' non-competition agreements with IKON.
IKON Office Solutions v. Dale, 170 F.Supp.2d 892 (D. Minn. 2001) affirmed 2001 U.S. App. LEXIS 22855 (8th Cir. 2001). Obtained a preliminary injunction against a former employee of IKON Office Solutions, a national digital equipment
office solutions provider (later acquired by Ricoh),
the business formed by the former employee, in violation of the former employee's non-competition agreement with IKON.
Other Representative Matters: Messer LLC f/k/a Linde LLC v. Devault Packing Company, Inc. d/b/a Devault Foods, No. 18-4705 (E.D. Pa. Sept. 29, 2020). Obtained summary judgement on client's affirmative breach of contract claim
on all of defendant's counterclaims, leaving only the issue of the client's damages to be determined at trial.
Biales v. Aviants Insight & Strategy LLC, 2:18-cv-02079-PD (E.D. Pa. Nov. 27, 2018). Obtained a take nothing dismissal on behalf of a client sued by a former employee for breach of contract
violation of Pennsylvania's Wage Payment
Collection Law.
Troia v. Essentials Salon
Day Spa, 2:15-cv-05953-PBT (E.D. Pa. Sept. 7, 2016). Obtained a take nothing dismissal
judgment for costs incurred by client in a lawsuit filed by a plaintiff who brought claims for age discrimination.
S.K.I.P. of New York v. Athena Software, 1:2015-cv-03756 (S.D.N.Y. Sept. 25, 2015). Won dismissal of a lawsuit on forum non conveniens grounds filed by a former customer against a Canadian software provider.
________ v.________, AAA Arbitration No._____(Feb. 3, 2014). Obtained an arbitration award, following an eight-day arbitration hearing on behalf of an insurance company against a computer services vendor, which had sought $3.75 million in damages in connection with a claim for breach of contract relating to the license
implementation of insurance policy
claims modules, denying the computer services vendor's claim in its entirety
awarding the insurance company client all of its out of pocket expenses associated with the failed implementation.
PBS Holding Group, Inc. v. Procaps, L.P., Int'l Centre for Dispute Resolution, No. 50 181 T 00252 05 (Apr. 26, 2007, filed as part of public record in Case 1:07-cv-06208-LAP (S.D.N.Y. Aug. 30, 2007). Successfully tried a 16-day arbitration hearing in a dispute involving breach of distribution contracts involving paintball products before the International Centre for Dispute Resolution resulting in a net award to the client of nearly $10 million.
Sonecha v. New Engl
Life Ins. Co., 03-3757 (E.D. Pa. Jan. 28, 2004) affirmed No. 04-1448 (3rd Cir. Mar. 23, 2005) (unpublished). Won dismissal of a lawsuit on behalf of client where the plaintiff, the trustee of a life insurance trust, alleged that client was negligent in permitting one of the policies relating to the trust to lapse. The dismissal was affirmed by the U.S. Court of Appeals for the Third Circuit.
______v.______, NASDR-DR Arbitration Number______(2004). Successfully represented a broker in an NASD (now FINRA) arbitration case brought by the broker's former customer alleging breach of fiduciary duties
fraud. Prior to the arbitration hearing, negotiated a take nothing settlement after obtaining sanctions against the claimants' counsel for discovery abuses.
InCap Svce. Co. v. Memorial Funds & Parkway Advisors L.P., 24-C-04-004859 (Baltimore Cty., MD 2004). Obtained dismissal on personal jurisdiction grounds of a lawsuit brought against the clients alleging breaches of services agreement.
