Case Study: Inland Am. Winston Hotels V. Crockett

Law360, New York (June 24, 2011, 4:25 PM EDT) -- “I didn’t go after him; he came to me.” This is a common response of a defendant accused of violating a nonsolicitation provision in an employment agreement. Such arguments are often presented when a former employee is accused of soliciting a customer. An employee may argue that he did not solicit the customer but, instead, the customer approached him.

Recently, the North Carolina Court of Appeals addressed such an argument in the context of a nonsolicitation of employees provision. In Inland American Winston Hotels Inc. v....
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