WINS


Enforced an employee contract requiring former employee to pay fees derived from clients the former employee took with him.

Issue: Non-solicitation | Employment Agreement

Court: Wayne County Circuit Court (Michigan)

Industry: Legal Services

Judge: Judge Sullivan

My client’s former employee had signed a contract that prohibited the employee from taking clients with him — unless the employee paid fees for the clients he took.
Hundreds of thousands of dollars in fees were in dispute.
It was a cut-and-dry employment agreement, but a surprising amount of people flagrantly violate such contracts, believing it a worthwhile risk.  Along these lines, the particular former employee flatly refused to pay fees owed on his contract, I sued on behalf of my client to enforce the contract.
The parties satisfactorily resolved the dispute shortly thereafter.


Obtained injunction to stop former vendor’s disclosure of confidential client information.

Issue: Injunction | Non-solicitation | Trade Secrets

Court: Macomb County Circuit Court (Michigan)

Industry: Healthcare | Staffing

Judge: Judge Viviano

My client retained a vendor to provide services to my client’s customers.  As part of that arrangement, my client required the vendor to sign an agreement prohibiting the vendor from soliciting my client’s customers or disclosing my client’s confidential information and trade secrets.
Things got ugly when the client terminated the vendor relationship.  The vendor actively solicited the client’s customers and took—and disclosed—information relating to the customers.
I sued and sought an expedited injunction preventing the former vendor from further poaching my client’s customers and from keeping and disclosing my client’s information. An injunction was entered in the early stage of the lawsuit, and the parties continued to dispute damages and related issues.
The parties later reached an agreement that included an injunction and a financial payment.


Enforced non-solicitation provision of employment agreement to address former employee poaching staff.

Issue: Non-solicitation | Employment Agreement

Court: Oakland County Circuit Court (Michigan)

Industry: Creative Services

Judge: Judge Potts

One of my client’s executive-level employees resigned and joined a competing company.
The executive-level employee had signed a non-solicitation agreement that prevented him from soliciting my client’s employees after separation.  However, shortly after the executive resigned, a second employee left to join the competitor as well.
I filed a lawsuit on behalf of my client to address this problem, and related issues.  The litigation process revealed that the executive and other employee were close friends and had discussed the competing company and employment opportunities while still employed with my client.
The case settled on mutually-agreeable terms after discovery of these facts.


Enforced an employee contract requiring CPA to pay for the book of business and goodwill the CPA took with him when he resigned.

Issue: Non-solicitation | Employment Agreement | Trade Secrets

Court: Oakland County Circuit Court (Michigan)

Industry: Finance

Judge: Judge Potts

My client was an accounting firm.  One of its CPAs signed an employment agreement that allowed the CPA to leave the firm with clients so long as the CPA paid for those clients based on a pre-determined formula.
The CPA resigned and went to work for the competitor, but not before taking a flashdrive containing hundreds of confidential documents and diverting a substantial amount of the accounting firm’s clients to the competing firm.  Unfortunately, the CPA refused to pay not only refused’s former employee signed a contract that CPA employee from taking clients with him—unless the employee paid fees for the clients he took.
Hundreds of thousands of dollars in fees were in dispute.
It was a cut-and-dry contract, but a surprising amount of people flagrantly violate contracts and believe it is worth the work.  Along these lines, the particular former employee flatly refused to pay fees owed on his contract.I sued on behalf of my client to enforce the contract.
The parties satisfactorily resolved the dispute shortly thereafter.


Stopped former employee’s breach of non-compete; employee went to work for a nearby competitor and was attempting to poach former employer’s customers.

Issue: Non-Compete | Injunction | Non-solicitation | Employment Agreement

Court: Wayne County Circuit Court (Michigan)

Industry: Food Industry

Judge: Judge Ewell

The former employee was a salesperson who had agreed not to work for a competitor (within a 50-mile radius of my client) for one year after separation.  The former employee had also agreed not to solicit my client’s customers.
My client terminated the employee and reminded her of non-solicitation and non-compete obligations.  The employee angrily (and incorrectly) responded that the contract was “unenforceable.”
The former employee immediately joined a direct competitor within the same city as my client and began soliciting customers and diverting business.  I sued and sought an injunction after both the former employee and her new employer ignored my cease & desist letters.
The court entered a temporary injunction the same the complaint was filed, and then entered an outright injunction a couple weeks later.