Ex-IBM Exec Can Keep HP Job: 2nd Circ.

Law360, New York (November 3, 2011, 3:24 PM EDT) -- The Second Circuit ruled Thursday that a former head of IBM Corp.'s information technology unit who left for a similar position at Hewlett-Packard Co. in February could keep his job with the rival, ruling IBM could not prove a potential competitive threat.

The Second Circuit adopted U.S. District Judge Loretta A. Preska's Feb. 17 ruling in the case IBM brought seeking a 12-month preliminary injunction against Giovanni Visentin for breach of a noncompete agreement.

IBM did not demonstrate it would succeed in its enforcement of the...
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