NORTH CAROLINA COMPANY SUCCESSFULLY ENFORCES NON-COMPETE
In this blog we try to cover issues and court rulings effecting non-compete and non-solicitation disputes arising in Virginia. However, from time to time we learn of decisions and cases from other states which may be of benefit to our readers and that explains our post today.
On January 13, 2007, two high ranking officers and a sales manager resigned their positions with Warren Oil Company to pursue the purchase of RhinoPak, a contract blender and packager of lubricants and other chemical products based in Highland, Texas. Warren Oil, upon learning of the plans of the ex-employees, filed a lawsuit in the District Court of Harris County, Texas. The lawsuit sought to enforce the terms of the Employee Noncompetition, Nonsolicitation and Confidentiality Agreements signed by the ex-employees with Warren Oil and to enjoin any violations of those agreements.
Warren Oil won their case. The court issued a Temporary Restraining Order which enjoined the ex-employees from soliciting any customer(s) whom they had solicited during the last 12 months of employment with Warren Oil; soliciting or attempting to solicit any employees or contractors of Warren Oil to leave the employment of Warren Oil; and using or disseminating any of Warren Oil’s confidential business information, including customer list, pricing data, formulae, and products.