Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired.  A dozen years later, he resigned and went to work for a competitor.  The former employer sued him in an Ohio federal court.  Because the covenant had neither temporal nor geographic limitations, the trial court invalidated the covenant and dismissed the breach of contract claim.  The appellate court reversed, holding that no such limits are required for a confidentiality agreement. Orthofix, Inc. v. Hunter, Case No. 15-3216 (Nov. 17, 2015).

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