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Court denies injunction; noncompete case dismissed in favor of IMcP clients

Greg McAllister

A Travis County district court denied a former employer’s request for a temporary injunction against two IMcP clients accused of violating noncompete, nonsolicit, and nondisclosure covenants. The ruling effectively ended the dispute, as the former employer dismissed its case just four days later.​

Case background

The plaintiff (“OldCo”) sued two former global sales representatives after they left to join a competitor, claiming they breached restrictive covenants in their employment agreements. OldCo alleged violations of noncompetition, nonsolicitation of employees and customers, and misuse of confidential information. Oldco secured an ex parte temporary restraining order (TRO) at beginning of the case.

The two defendants then hired IMcP.​

Employer’s injunction request

After obtaining the TRO, OldCo asked the court to enter a temporary injunction that would extend the TRO’s restrictions through trial. The requested injunction would have barred the IMcP clients from providing competitive services, soliciting OldCo’s employees or customers, and using OldCo’s alleged confidential information.​

Injunction denied and lawsuit dismissed

Following a full evidentiary hearing, with live witness testimony from both sides, the court completely denied OldCo’s request for a temporary injunction in its entirety. Just four days later, OldCo chose to voluntarily dismiss all of its claims against the IMcP clients.

IMcP trial team

IMcP partner Greg McAllister served as lead counsel for the defendants, working closely with partners Joshua Iacuone and Jesse Okiror. The result underscores IMcP’s experience defending employees and advisors in Texas noncompete and nonsolicitation disputes in courts across the state, including Travis County. Bios of IMcP’s Texas noncompete lawyers are above.

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