The plaintiff insurance brokerage moved for an interlocutory injunction to restrain a former employee and his new employer from breaching non-solicitation and confidentiality clauses in an employment agreement.
The court applied the RJR-MacDonald test and found a strong prima facie case of breach.
However, the court denied the injunction regarding non-solicitation, finding that any loss of clients could be quantified in damages.
The court granted the injunction regarding the misuse of confidential information, finding that the loss of competitive advantage and market share constituted irreparable harm.
