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Supreme Court, Appellate Division, Fourth Department, New York : no evidence that former employee used any confidential information or trade secrets of former employer

852 N.Y.S.2d 510 (2008) Supreme Court, Appellate Division, Fourth Department, New York. RIEDMAN CORPORATION and Brown & Brown, Inc., Plaintiffs-Appellants, v. Robert D. GALLAGER and Hatch-Leonard/Markin Shaw, Inc., Defendants-Respondents. Feb. 1, 2008. Background: Employer brought action against former employee and his new employer seeking damages arising from alleged breach of employment agreement not to compete. The Supreme Court, Onondaga County, James P. Murphy , J., granted defendants' motion for summary judgment. Employer appealed. Holdings: The Supreme Court, Appellate Division, held that: (1) employee's services as an insurance agent were not unique or extraordinary, and thus were not protectable by a non-compete agreement; (2) there was no evidence that former employee used any confidential information or trade secrets of former employer, as to make employment agreement not to compete enforceable...

Full post as published by The Trade Secrets Vault on April 01, 2008 (boomark / email).