ED VA CASE NON-SOLICITATION CLAUSE

ED VA CASE NON-SOLICITATION CLAUSE

ED VA CASE NON-SOLICITATION CLAUSE 150 150 Lauren Ellerman

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!”

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Lauren Ellerman

Since 2020, Lauren Ellerman has been named top 100 lawyers in Virginia and top 50 female lawyers by Superlawyer. To speak with Lauren, email her at lellerman@frithlawfirm.com.

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