2nd Circ. Rejects IBM Appeal In Noncompete Case

Law360, New York (October 22, 2009, 6:26 PM EDT) -- IBM Corp. has fallen short in a federal appeals court in its ongoing quest to stop a former employee who allegedly violated a noncompete agreement and shared trade secrets with his new employer, rival Dell Inc.

On Thursday a three-judge panel of the U.S. Court of Appeals for the Second Circuit rejected IBM's request for a preliminary injunction against former mergers and acquisitions strategist David L. Johnson.

“The district court did not abuse its discretion in denying IBM’s motion for a preliminary injunction,” Judges Dennis Jacobs...
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