Justice Shirley Werner Kornreich
OTG Management moved for a preliminary injunction against ex-employee Konstantinidis, and his new employer, and OTG's competitor, SSP America. Konstantinidis was required to sign a post-employment agreement prohibiting him from being employed by a competitor at any airport in the United States for one year, soliciting any OTG employees or customers for two years, or disclosing OTG's proprietary information. Konstantinidis resigned from OTG and went to work for SSP. OTG sued alleging breach of contract for violating the non-compete, non-solicitation and non-disclosure clauses in the agreement. The court found the non-compete clause unenforceable against Konstantinidis, noting his services were not unique. OTG argued Konstantinidis was in possession of its trade secrets, thus should be barred from working for SSP. SSP contended it used a completely different financial model which could not be aided by information about OTG's model, even if Konstantinidis disclosed same. Yet, the court found the non-recruitment clause enforceable as it was reasonable in scope and imposed no meaningful burden on Konstantinidis, granting a preliminary injunction for same, which would expire in 2015.
