Breach of Contract

When a former employee of a software technology company was sued for a variety of claims, including breach of non-compete, misappropriation of trade secrets and breach of fiduciary duty, he turned to Ms. Rodman for counsel. We represented the employee in close cooperation with his new employer, another software technology company. Our client’s previous employer filed suit against him and his new employer after he chose to seek employment elsewhere, seeking injunctive relief and approximately $57 million in compensatory and punitive damages from our client and his new employer. We conducted extensive discovery and filed a motion for summary judgment in federal district court, arguing that the plaintiff had failed to prove the existence of trade secrets. We also proved the invalidity of the non-compete claims, as our client’s previous employer was located in California, where non-compete provisions are not recognized or valid. Summary judgment was granted to our client and his new employer. The ruling was then appealed to the Sixth Circuit Court of Appeals, where the ruling was upheld following briefing and argument by Ms. Rodman. Our client was permitted to fully pursue employment with the new employer without the threat of financial penalties.