Racing to the court house over non-competes

Benson, Donald
December 2005
Tennessee Bar Journal;Dec2005, Vol. 41 Issue 12, p8
The article reports that the 11th Circuit Court of Appeals of the United States in Manuel v. Convergys Corp., has accelerated the trend of racing to the courthouse over employment-related non-competition agreements (NCA). Manuel worked in Florida for an Ohio corporation. His NCA contained both an Ohio choice of law provision and a permissive forum selection clause stating that any NCA disputes "may" be brought in the state or federal courts of Hamilton County, Ohio. The district court granted Manuel's motion for summary judgment on the NCA and applied Georgia law in dismissing Convergys's counterclaims for trade secret violations.


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