Sid Steinberg of Post & Schell
While many companies require senior managers and sales employees to sign restrictive covenants, it is unusual for post-employment disputes to reach the stage of litigation. As such, the recent decision in Freedom Medical v. Whitman, No. 18-4155 (E.D. Pa. Oct. 29, 2018 (Beetlestone, J.) is noteworthy for the extensive discussion of the law regarding restrictive covenants and protection of employer’s trade secrets.
Both Freedom Medical Inc. and MedOne Equipment Services are medical equipment sales companies. Gerry Whitman and two former co-workers, Josh Oderlin and Jason Cavanaugh, all regional sales managers, left Freedom Medical over a period of several months and began working for MedOne.
