Our client, a former senior sales representative of a large publicly traded Swiss medical device manufacturer, prevailed in a temporary restraining order hearing before Judge Tharpe in Chicago federal court on Thursday. The company alleged that our client violated his non-solicitation agreement by working (on behalf of competitors) with surgeons and sought to restrain him from doing so on an emergency basis. The lawsuit alleged breach of an employment contract, violation of federal and state trade secret laws, and sought emergency injunction relief. We argued that the non-compete, non-solicitation, and confidentiality agreements were too broad and therefore unenforceable. Following this initial victory, we will be filing a class action counterclaim asking that the court invalidate the restrictive covenants (non-compete, nonsolication, etc) for all similar workers of this company.
