The following article was originally published in Minnesota Lawyer, another Dolan Media publication. MINNEAPOLIS - Most employers in competitive industries will protect themselves against the loss of valuable employees by asking them to sign covenants not to compete. The employees, in turn, may want to market their knowledge and experience to competitors. The task for the attorney for an employer who has hired away the competition is to keep it out of trouble with the old employer, which may bring claims for tortious interference with contract or aiding and abetting a breach of fiduciary duty.
Most employers in competitive industries will protect themselves against the loss of valuable employees by asking them to sign covenants not to compete. The employees, in turn, may want to market their knowledge and experience to competitors. The task for the attorney for an employer who has hired away the competition is to keep it out of trouble with the old employer, which may bring claims for tortious interference with contract or aiding and abetting a breach of fiduciary duty. Those types of claims were included in the discussion of Trading Talent without Trading Secrets, a seminar presented by the competitive practices group at the Minneapolis law firm of Maslon, Edelman, Borman & Brand on May 3.
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...2011) ("SCUTPA"); aiding and abetting Danhauer's breach of fiduciary ... tortious interference with a contract ("tortious interference claim"). ....
...2011) ("SCUTPA"); aiding and abetting Danhauer's breach of fiduciary ... tortious interference with a contract ("tortious interference claim"). ....
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