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Noncompete

Noncompete

Noncompete litigation is a complex, continuously changing area of law expertly navigated by the highly skilled and cost-efficient representation offered at LPHS. If a client needs to obtain or defend against a temporary restraining order or an application for temporary injunctive relief, LPHS attorneys possess the agility, swiftness, attention to detail and effectiveness needed to win. If a matter goes all the way to a final disposition, in court or arbitration, LPHS’s deep bench of experienced lawyers are essential ingredients for success from trial through appeal.

LPHS has obtained outstanding results for businesses and high-ranking employees in disputes over severance pay and benefits, change in control agreements, covenants not to compete or solicit, confidentiality and nondisclosure agreements, indemnification agreements, and trade secrets. We also counseled numerous executive-level employees and companies on employment and compensation issues. We always keep in mind the impact litigation has on our clients’ reputation, current activities and future business prospects – matters beyond the dollars at stake.

  • We represented Anthelio Healthcare Solutions Inc. in numerous disputes related to enforcing noncompetition agreements, both of executive-level and lower-level employees. Generally, these disputes have begun with LPHS obtaining an emergency temporary restraining order from the courts on behalf of our client. Some ended with favorable settlements, while others concluded after a full trial on the merits.
  • We represented celebrity chef Kent Rathbun, who opposed a temporary injunction sought by his former business partners to utilize Mr. Rathbun’s name and likeness in the food industry. LPHS defeated the temporary injunction and further succeeded on appeal when Mr. Rathbun’s former business partners challenged the trial court’s ruling.
  • We represented Herff Jones, the leading provider of class rings, yearbooks and graduation gowns, in a trial against top competitor Jostens Inc., in which two sales representatives who worked for a Herff Jones distributor were accused of violating their noncompetition agreements. The unanimous jury verdict found that Jostens and the two sales representatives pay nearly $1.9 million in compensatory damages to Herff Jones, and another $680,000 in punitive damages against Jostens and the sales representatives. The judgment was recently affirmed by the Alabama Supreme Court.
  • We represented LDA Management Company Inc. in a noncompete dispute against a competitor related to the hiring of two executives in an arbitration. LPHS procured a favorable resolution short of a full-blown arbitration.
  • We represented RealPage Inc. in an alleged trade secret misappropriation and an alleged breach of a noncompete matter that arose in connection with the employment of a former sales executive. LPHS procured a favorable resolution for RealPage and its employee.