Following six days of trial, a twelve person jury in Montgomery County returned an unanimous defense verdict in favor of Elliott Greenleaf’s client, finding that a plaintiff former employer could not recover lost profits from the defendant former employee under non-solicitation/non-disclosure restrictive covenants in a written employment agreement after it sold its high end luxury travel business. The former employer claimed a legally protectable interest in commissions on large travel plans allegedly owed to it under an earn-out from its sale to another travel business which were allegedly diverted to the defendant’s new employer. Following admission of over one hundred exhibits and days of testimony, the jury specifically found that the former employer could not establish a valid employment contract to enforce post-termination obligations such as the restrictive covenants and a repayment of alleged commission advances to the Firm’s client. As the jury found there was no valid post-employment restrictions to enforce, the former employer also could not collect on its claim for hundreds of thousands of dollars in legal fees under a fee shifting provision in the same employment contract.

Firm shareholder Mark A. Kearney, along with Stewart J. Greenleaf, Jr. and Aimee L. Kumer represented the successful former employee in defending this case and obtaining a significant jury victory.