|By PR Newswire||
|March 19, 2014 10:02 AM EDT||
RICHMOND, Va., March 19, 2014 /PRNewswire/ -- A federal district court in Miami recently issued a preliminary injunction in a non-compete case involving a narrowly tailored restriction under Virginia law. The ruling enjoining the continued employment of a former employee offers guidance to companies that hire employees subject to narrowly drawn non-compete agreements, according to Steven D. Brown, a Richmond-based shareholder in national law firm LeClairRyan.
On March 13, U.S. District Court Judge Marcia G. Cooke issued a preliminary injunction sought by Corning MobileAccess, Inc. (CMA), which filed suit against its former sales manager Cindy Torres and her current employer, Reach Holdings LLC d/b/a SOLiD Technologies ("SOLiD"), alleging breach of contract (non-competition and confidentiality covenants), misappropriation of trade secrets and other claims. CMA is headquartered in Herndon, Va.; and Torres lives in the Miami area. Judge Cooke considered Virginia law in her ruling in Corning Mobile Access, Inc. v. Cindy Torres et al (13-24463-Civ-COOKE, U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA).
"Judge Cooke's opinion in this case strengthens the ability of companies to enforce narrowly tailored covenants not to compete at the preliminary injunction stage," said Brown, who represents CMA and focuses his practice on labor, employment and business issues.
The preliminary injunction means that Torres will be unable to work for SOLiD from March 13 until the earlier of December 31 or until the final disposition of this matter, whichever occurs first. Further, the defendants are enjoined from using CMA's proprietary and confidential information and from directly or indirectly contracting with, soliciting, or otherwise doing business with CMA's customers and prospective customers where such business may have been obtained by the improper use of CMA's trade secrets or proprietary or confidential information until the earlier of December 31 or until the final disposition of the case. The preliminary injunction order also requires Torres to disclose any CMA trade secrets she allegedly improperly accessed and also to disclose to whom they were distributed.
CMA is engaged nationally in the business of developing, marketing, distributing, installing and supporting converged wireless indoor networks that support multiple wireless voice and data services, also known as Distributed Antenna Systems, or DAS. Reach Holdings LLC engages in business under the name SOLiD Technologies and is one of seven companies nationally in the DAS industry.
In 2009, Torres signed an employment agreement with CMA that included a confidentiality clause and a non-compete provision that specifically enjoined her from working with SOLiD and other named direct competitors for a period of 12 months after the date that she ceased working with CMA for any reason other than termination by the company without cause. During her employment with CMA, Torres was provided with extensive confidential client and pricing lists, and other sensitive, trade-secret protected and highly valuable information.
The lawsuit against Torres and her employer arose after she left the company around November 8, 2013, having accepted employment as SOLiD's director of carrier accounts on October 31, 2013.
Under Virginia law, a non-compete agreement "is enforceable if it 'is narrowly drawn to protect the employer's legitimate business interest, is not unduly burdensome on the employee's ability to earn a living, and is not against public policy'" noted Judge Cooke's opinion. "CMA's restrictive covenant is not unduly harsh or oppressive to Ms. Torres insofar that it does not prohibit or preclude Ms. Torres from finding employment in her field."
"Companies that hire employees should be very diligent in determining whether the employee is bound by a valid restrictive covenant (non-compete or non-solicitation agreement) and also whether the applicant has accessed or taken proprietary or confidential information from the former employer," said Brown. "Employers that are careful during the interview process can save themselves thousands of dollars by eliciting detailed information about the applicant's conduct while working for the soon-to-be former employer. In this digital age, many employees download information from company computers without permission to do so. Many employees are under the mistaken belief that the work product they prepared for a current or former employer is actually their personal data that can be taken to a new job."
As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses. With offices in California, Colorado, Connecticut, Maryland, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Virginia and Washington, D.C., the firm has approximately 350 attorneys representing a wide variety of clients throughout the nation. For more information about LeClairRyan, visit www.leclairryan.com.
SYS-CON Events announced today that the "Second Containers & Microservices Expo" will take place November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities.
Aug. 4, 2015 03:48 PM EDT
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin,...
Aug. 4, 2015 03:00 PM EDT Reads: 572
Scrum Alliance has announced the release of its 2015 State of Scrum Report. Almost 5,000 individuals and companies worldwide participated in this year's survey. Most organizations in the market today are still leading and managing under an Industrial Age model. Not only is the speed of change growing exponentially, Agile and Scrum frameworks are showing companies how to draw on the full talents and capabilities of those doing the work in order to continue innovating for success.
Aug. 4, 2015 02:45 PM EDT
SYS-CON Events announced today that MobiDev, a software development company, will exhibit at the 17th International Cloud Expo®, which will take place November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software development company with representative offices in Atlanta (US), Sheffield (UK) and Würzburg (Germany); and development centers in Ukraine. Since 2009 it has grown from a small group of passionate engineers and business managers to a full-scale mobi...
Aug. 4, 2015 02:00 PM EDT Reads: 384
Between the compelling mockups and specs produced by your analysts and designers, and the resulting application built by your developers, there is a gulf where projects fail, costs spiral out of control, and applications fall short of requirements. In his session at @DevOpsSummit, Charles Kendrick, CTO and Chief Architect at Isomorphic Software, presented a new approach where business and development users collaborate – each using tools appropriate to their goals and expertise – to build mocku...
Aug. 4, 2015 01:30 PM EDT
Container technology is sending shock waves through the world of cloud computing. Heralded as the 'next big thing,' containers provide software owners a consistent way to package their software and dependencies while infrastructure operators benefit from a standard way to deploy and run them. Containers present new challenges for tracking usage due to their dynamic nature. They can also be deployed to bare metal, virtual machines and various cloud platforms. How do software owners track the usag...
Aug. 4, 2015 01:00 PM EDT Reads: 291
SYS-CON Events announced today that VividCortex, the monitoring solution for the modern data system, will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. The database is the heart of most applications, but it’s also the part that’s hardest to scale, monitor, and optimize even as it’s growing 50% year over year. VividCortex is the first unified suite of database monitoring tools specifically desi...
Aug. 4, 2015 12:00 PM EDT Reads: 111
Graylog, Inc., has added the capability to collect, centralize and analyze application container logs from within Docker. The Graylog logging driver for Docker addresses the challenges of extracting intelligence from within Docker containers, where most workloads are dynamic and log data is not persisted or stored. Using Graylog, DevOps and IT Ops teams can pinpoint the root cause of problems to deliver new applications faster and minimize downtime.
Aug. 4, 2015 11:45 AM EDT
As Marc Andreessen says software is eating the world. Everything is rapidly moving toward being software-defined – from our phones and cars through our washing machines to the datacenter. However, there are larger challenges when implementing software defined on a larger scale - when building software defined infrastructure. In his session at 16th Cloud Expo, Boyan Ivanov, CEO of StorPool, provided some practical insights on what, how and why when implementing "software-defined" in the datacent...
Aug. 4, 2015 11:30 AM EDT Reads: 114
Learn how you can use the CoSN SEND II Decision Tree for Education Technology to make sure that your K–12 technology initiatives create a more engaging learning experience that empowers students, teachers, and administrators alike.
Aug. 4, 2015 09:30 AM EDT Reads: 112
Mobile, social, Big Data, and cloud have fundamentally changed the way we live. “Anytime, anywhere” access to data and information is no longer a luxury; it’s a requirement, in both our personal and professional lives. For IT organizations, this means pressure has never been greater to deliver meaningful services to the business and customers.
Aug. 4, 2015 08:45 AM EDT Reads: 258
In a recent research, analyst firm IDC found that the average cost of a critical application failure is $500,000 to $1 million per hour and the average total cost of unplanned application downtime is $1.25 billion to $2.5 billion per year for Fortune 1000 companies. In addition to the findings on the cost of the downtime, the research also highlighted best practices for development, testing, application support, infrastructure, and operations teams.
Aug. 4, 2015 07:00 AM EDT Reads: 224
"We've just seen a huge influx of new partners coming into our ecosystem, and partners building unique offerings on top of our API set," explained Seth Bostock, Chief Executive Officer at IndependenceIT, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
Aug. 3, 2015 11:00 PM EDT Reads: 705
SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
Aug. 3, 2015 06:45 PM EDT Reads: 547
As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. CommVault can ensure protection and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his session at 17th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Partnerships at Com...
Aug. 3, 2015 03:30 PM EDT