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Looking for the Paradigm of a Breach of Non-Compete Clause Case? Here it is.


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1/1/2016
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If you were ever wondering what a typical, garden-variety lawsuit over the violation of a non-compete clause looks like, you need not fret any longer: here it is.

In a case that was filed on January 16, Pennsylvania-based Synthes USA filed suit, charging that one of its former sales representatives violated his employment contract with the plaintiff when he allegedly converted customers who formerly did business with the plaintiff to the new company at which the defendant was hired following his departure from his former company. According to the complaint, this employee performed his job as a sales consultant for the plaintiff's medical care products and implants that are used in surgeries by “maintaining and establishing relationships with key physicians and hospital personnel who play a role in determining which implants and instrumentation are used in surgeries.”

The employee, Bryan Bair, apparently resigned his position with Synthes without notice, and immediately took a similar position with a competitor. Further, according to Synthes, Bair immediately began to compete with Synthes and started converting business from Synthes in his former territory within the first week after he resigned from the company.” The lawsuit also contends that "Synthes learned that Bair has subsequently converted the business of three major surgeons in his former territory from Synthes to competitor companies.”

Predictably, the lawsuit not only seeks injunctive relief (i.e., an order barring Bair from continuing to poach their clients in violation of his employment agreement), but also seeks incidental and consequential damages for his breach of contract and fiduciary duties to his former employer, Synthes.

In short, this is the paradigmatic breach of non-compete agreement claim.

 



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