Judge Robert Sweet
As a vice president at DeWitt, Eisenberg had access to confidential information and trade secrets. Covenants in an October 2012 employment agreement barred his use of such information to solicit or divert clients for two years after his employment ended. He resignedand joined Arthur J. Gallagher Co.on May 6, 2013. Within days thereof, DeWitt received letters from clients notifying it of their move to Gallagher. The court preliminarily enjoined Eisenberg’s future breach of the employment pact. Given the potential future loss of clients and use of confidential information, DeWitt showed irreparable harm. The agreement narrowly tailored the two-year non-compete provision to bar Eisenberg only from using DeWitt’s information to divert or solicit clients or prospects solicited or serviced by him or those he supervised. It does not bar his solicitation of clients through "pre-existing" relationships or his own independent efforts. In finding that the balance of hardships favored DeWitt the court observed that Eisenberg can continue to earn his livelihood at Gallagher or elsewhere; he is only restricted from using DeWitt’s protected information as outlined in the employment agreement to solicit clients.
