District Court Orders Former IBM Executive to Cease Employment with Apple

Friday, November 14th, 2008 | Noncompete Litigation

On November 7, 2008, a federal judge granted IBM’s motion for a preliminary injunction against Mark Papermaster and ordered the former senior executive to immediately cease employment with Apple Inc. (“Apple”).  In the complaint, IBM alleged that Papermaster breached the terms of his noncompetition agreement by accepting an executive position with Apple, a competitor of IBM and that his continued employment with Apple would cause IBM irreparable harm because Papermaster had access to IBM’s trade secrets and other confidential information.

This case highlights the importance of closely evaluating the terms of a noncompetition agreement before accepting a new job and being prepared to defend against a former employer’s attempt to enforce a noncompetition agreement.  The Employment Law Group® law firm has successfully represented executives and managerial employees in litigation concerning the enforceability of noncompetition agreements.  For more information about the firm’s Non-Compete Litigation Practice, click here.

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