In an action for breach of a covenant not to compete, an injunction against defendant is affirmed where defendant failed to show that the district court clearly erred in finding that defendant’s confidential information constituted a legitimate business interest that justified the non-compete covenant. However, the damages award in favor of plaintiff is reversed where plaintiff failed to establish that defendant’s solicitation of a client for plaintiff’s competitor resulted in plaintiff’s loss of the project that was the basis of the damages award.

Read Proudfoot Consulting Co. v. Gordon, No. 08-14075

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Filed July 30, 2009

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