Litigation Alert - The Unpredictable World of New York’s Non-Compete Jurisprudence - Summer 2011


Imagine IBM’s surprise when, in February of this year, Federal Judge Loretta Preska denied it a preliminary injunction to halt competition by a former high-level employee. That individual, Giovanni Visentin, served on IBM’s Integration and Values Team (I&VT), “a leadership group that develops IBM’s corporate strategy,” and was General Manager of IBM’s Integrated Technology Services Division.

In January 2011, Visentin resigned from IBM to accept a senior position with Hewlett Packard. IBM sued to enforce the non-competition agreement Visentin signed that contained a one-year restriction against working for a competitor and sought a preliminary injunction.

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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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