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Thursday, December 08, 2016

Ind. Decisions - "COA Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

The lengthy Nov. 30th Court of Appeals opinion in Hannum Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, Tom Mobley, and David Lancet v. American Consulting, Inc., et al. (ILB summary here, 3rd case), is the subject of a long article at JD Supra by John Drake of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. that concludes:

Indiana employers may want to reevaluate their noncompetition and non-solicitation agreements in light of this ruling to ensure they protect such legitimate interests as goodwill and relationships based on business development activities. Employers should also be aware that preliminary injunctive relief is harder to obtain the longer a company waits to take action after learning of a breach of a restrictive covenant.

Posted by Marcia Oddi on December 8, 2016 10:11 AM
Posted to Ind. App.Ct. Decisions