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// Main Site / Member's Area / Executive Employment Law Issues / NonCompetition Agreements / Legal Cases

Legal Cases

Executive Employment Law Issues
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  • Anita Walia v. Aetna Inc.
    Former employee brought wrongful termination claim against Aetna because she refused to sign employers' non-competition agreement, in violation of state statute. Trial court awarded damages to employee. Aetna appeal and the Court of Appeals affirmed.
  • Cherena v. Coors Brewing Co.
    Former employee sued employer over unenforceability of non-competition agreement. Court held that employer's non-competition covenant was unenforceable due to lack of geographic scope and lack of consideration.
  • First Health Group Corp v National Prescription Administrators
    Former employer brought trade secrete misappropriation, breach of contract and tortious interference case against former executive. Court held for former employer, but not injunctive relief because injury to former employer already took place
  • Lucente v. IBM
    This case is one of the most cited examples of an effective "bad boy" "claw back" case dealing with non-competition covenant. Employee asserted breach of contract on employment agreement. Second Circuit Court of Appeals reversed lower court decision in favor of employee, and remanded case.
  • Michael Tatom v. Ameritech Corporation
    Former executive brought breach of contract action against employer for withholding his incentive compensation and cancellation of his employment stock options. Court held against executive because the company did not make a promise to pay bonus; company was within its rights to enforce the forfeiture provision upon unlawful competition, contained in his long term incentive compensation agreement; company did not violate covenant of good faith and fair dealing.