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Home›Motion to Dismiss - Employee Non-Compete and Client Poaching Dispute - Response; Kirkland & Ellis LLP; 04.22.2015
Motion to Dismiss - Employee Non-Compete and Client Poaching Dispute - Response; Kirkland & Ellis LLP; 04.22.2015
Plaintiff's Response to Motion to Dismiss Company Executive Non-Compete and Client Poaching Dispute Complaint
Case Topics: Breach of Contract, Breach of Fiduciary Duty, Tortious Interference with Contract
Grounds for Moving: An employer has no legitimate interest in preventing a former employee from soliciting or servicing personal clients with whom that employee had a prior relationship. Breach of contract claim barred by releases signed allowing retention of previous clients. Plaintiff has failed to adequately plead the existence of a valid and enforceable contract and failed to establish a breach by improper solicitation.
Moving to Dismiss the Following Claims: Breach of Contract, Breach of Fiduciary Duty, Tortious Interference with Contract