Non-Competes: A Matter of Dollars and Sense?


Can employees avoid preliminary injunctions because they are not as wealthy as their employers? A recent federal court decision says “No.”

Standards for Injunctive Relief

Seasoned (and even not-so-seasoned) litigators are well familiar with the “four factors” that courts commonly consider when deciding whether to enforce a non-compete by way of an injunction. Namely, (1) whether the party seeking injunctive relief is likely to succeed on the merits; (2) whether the party seeking injunctive relief will be irreparably injured by denial of the relief; (3) whether granting injunctive relief will result in even greater harm to the nonmoving party; and (4) whether granting the injunction will be in the public interest.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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