EMC Corp v. Arturi, No. 11-1001 (1st Cir. 2011)
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The company sought a preliminary injunction against a former employee to prohibit violation of his employment agreement by competition with the company, solicitation of its customers and remaining employees, and use of information gained while employed. The court granted a preliminary injunction as to the confidential information, but not as to competition or solicitation. The First Circuit affirmed, applying the law of Massachusetts. The contract limited the employee for only one year, which has passed. When the period of restraint has expired, even when the delay was substantially caused by the time consumed in legal appeals, specific relief is inappropriate and the injured party is left to his damages remedy.
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