ED VA CASE NON-SOLICITATION CLAUSE
In this week’s VA. Lawyer’s Weekly is a blurb about a case in Norfolk’s federal court. Bank of America asked the court to enjoin – stop ex-employees from contacting clients when they left BOA.
The Court held there simply wasn’t sufficient proof that the employees had solicited any old clients. In fact, the new employer Wachovia, testified that they told the employees NOT to contact their old clients.
Further, the court says even if there was proof of the solicitation, there was not sufficient proof that Bank of America would suffer irreparable harm such to require an injunction.
Motion for injunction denied in Bank of America v. Byrd.
While this is good news, every case is different and rarely in these personal services cases (like bankers, stock brokers etc) do we see the new employer stating on the record – “Don’t contact your old clients!”