Our Results

Our Results - 2012

May. 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.