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INTERNATIONAL BUSINESS MACHINES CORP. v. JOHNSON

No. 09 Civ. 4826 (SCR).

629 F.Supp.2d 321 (2009)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff, v. David L. JOHNSON, Defendant.

United States District Court, S.D. New York.

June 26, 2009.

Attorney(s) appearing for the Case

Evan R. Chesler, Stephen S. Madsen, Cravath, Swaine & Moore LLP, New York, NY, for Plaintiff.

Ronald E. Richman, Holly Hexter Weiss, Sara Elena Solfanelli, Schulte Roth & Zabel LLP, New York, NY, Michael L. Banks, Michael S. Burkhardt, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for Defendant.

MEMORANDUM DECISION AND ORDER

STEPHEN C. ROBINSON, District Judge.

International Business Machines Corporation ("IBM" or the "Company") commenced this diversity action against David L. Johnson, formerly IBM's Vice-President of Corporate Development, asserting claims for breach of a non-competition agreement and misappropriation of trade secrets. On June 1, 2009, IBM sought a preliminary injunction enjoining Mr. Johnson from violating the purported non-competition...

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