Successful Injunctive Relief Obtained

Recently, the Commercial Litigation Group at HRMM&L obtained injunctive relief on behalf of a business software and information technology firm. One of the firm’s longtime employees who managed numerous accounts for the firm resigned employment with little notice. The firm soon learned that its former employee had gone to work for a direct competitor providing similar services in violation of restrictive covenants set forth in the employee’s employment agreement. The Commercial Litigation Group quickly filed a Civil Complaint and Motion for Preliminary Injunction against the former employee and new employer and conducted a preliminary injunction hearing before the Court of Equity in the Montgomery County Court of Common Pleas. The Court issued an Order enjoining the former employee from engaging in any further work that would be competitive with the firm thereby protecting the firm from any further loss of business.

Questions Every Business Must Ask

Q. Has your business recently reviewed its legal structure to determine whether it is set up in the most advantageous manner for legal and tax purposes, considering recent developments and changes in the law?

Q. Do the owners of your business have a current, updated buy-sell agreement which controls how ownership interests in the business are to be transferred in the event of an owner’s death, disability or termination of employment?

Q. Have the owners of your business developed a succession plan to define how ownership and authority will transition upon the death or retirement of the present owners?

Latest News & Events

Non-Compete Covenants in Pennsylvania

by Robert Sebia, Esq. Pursuant to Pennsylvania law, restrictive non-compete covenants are enforceable only if they are: (1) ancillary to an employment relationship between an employee and an employer; (2) supported by adequate consideration; (3) the restrictions are reasonably limited in duration and geographic extent; and (4) the restrictions are designed to protect the legitimate… Read more »

“Framework” For Proposed Federal Tax Law Changes is Released

By Jonathan Samel, Esq. On September 27, 2017, the Trump Administration and select members of Congress released a “unified framework” for tax reform. This document provides more detail than a number of other tax reform documents that have come from the Administration over the past few months, but it still leaves many specifics to be… Read more »

Supreme Court Rules that Former Employees Have No Right to Review Their Personnel Files

by Ethan R. O’Shea, Esq. On June 20, 2017, the Pennsylvania Supreme Court settled the issue once and for all as to whether former employees are entitled to review their personnel files after their discharge. They are not. Pennsylvania’s Personnel Files Act (“Act”) controls access to employee personnel files. In the case of Thomas Jefferson… Read more »