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Total Articles: 3

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States District Court for the Western District of Tennessee, in GCA Services v. ParCou, held in a discovery ruling that information regarding an employer’s selective enforcement of its non-competition agreements is irrelevant to the issue of whether such agreements are enforceable.

The Ohio Supreme Court Reverses a Prior Decision and Gives Some Teeth to Noncompetes Applicable to Acquired Employees

The Ohio Supreme Court recently revisited an important decision for companies involved in merger and acquisition transactions in Ohio. In Acordia of Ohio, L.L.C. v. Fishel (Acordia I), the court decided that successor companies were not permitted to take the place of their predecessors in order to enforce noncompetition agreements between the predecessor and acquired employees. The Acordia I decision was partially based on the fact that the noncompetition agreements at issue did not contain assignment language and narrowly defined the parties as the predecessor company and its employees. (For more on this decision, visit our blog post here.)

Lawyer Steals Documents, Destroys Evidence, Lies Under Oath...And Gets Disbarred

A recent Ohio Supreme Court case serves as a reminder that misconduct undertaken by departing employees can lead to more than just civil liability; it can lead to professional sanctions as well. In Disciplinary Counsel v. Robinson, the Ohio Supreme Court considered the shocking conduct of David Jerome Robinson. Robinson worked for a law firm and its lobbying subsidiary and signed an employment agreement that required him to maintain the confidentiality of all business information. When he sought to move on to greener pastures, Robinson removed seven boxes of materials while the rest of his law firm was at a retreat in Pennsylvania. A few weeks later he was terminated, and not long after that, he was sued by his former firm for breach of contract.