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5/7/2012
Todd & Weld Attorneys Successfully Defend Non-Compete Preliminary Injunction Sought Against Clients
Howard M. Cooper, Nicholas B. Carter, and Ian J. Pinta of Todd & Weld LLP successfully defended a number of sales representatives against their former employer, DePuy Spine, Inc. (“DePuy”), a subsidiary of Johnson & Johnson. DePuy filed a motion for preliminary injunction in Middlesex Superior Court seeking to prevent the individual sales representatives from joining a competing medical device distributor.
After hearing argument, the Court determined that DePuy failed to demonstrate irreparable harm because their damages, if any, are calculable, and that the goodwill at issue-the customer relations with the surgeons and hospitals that purchase and use the medical device products-appears to belong to the individual employees who left DePuy, not DePuy itself.
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