In First Impression Decision, Minnesota Federal Court Applies Advice-of-Counsel Defense to Tortious Interference Claim

Nilan Johnson Lewis PA
Contact

In a first-of-its-kind decision, NJL non-compete litigator Katie Connolly convinced a Minnesota federal court to apply a novel advice-of-counsel defense to an employer’s hiring of an individual with a non-compete agreement. The court in Fulton v. Honkamp Krueger Financial Services, Inc., Case No. 20-CV-1063 (PJS/DTS), 2020 WL 7041766 (D. Minn.), held the employer had not interfered with its new employee’s non-compete agreement because the employer had relied on outside counsel’s advice that the agreement was unenforceable. “The advice-of-counsel defense is a great tool for new employers to consider when determining whether to hire an individual who is subject to a questionable restrictive covenant agreement with a prior employer,” said Ms. Connolly, who argued the motion, with Joel O’Malley assisting on the briefing.

 

 

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.

© Nilan Johnson Lewis PA | Attorney Advertising

Written by:

Nilan Johnson Lewis PA
Contact
more
less

Nilan Johnson Lewis PA on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.