July 25, 2005 - Boston, MA
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Davis Malm attorneys Gary M. Feldman and David M. Cogliano successfully defended Bernardi Toyota and two of its employees, Frederick Locke and Jaclyn Vasquez, against a motion by Boch Toyota for a preliminary injunction for the alleged violation of a noncompetition agreement. In a four-page decision, Justice Elizabeth B. Donovan of the Norfolk Superior Court denied Boch Toyota's motion for injunctive relief to enjoin Mr. Locke and Ms. Vasquez from continuing to work for Bernardi Toyota. Mr. Feldman and Mr. Cogliano successfully showed that both Mr. Locke and Ms. Vasquez were not privy to any of Boch Toyota's procedures and therefore, a noncompete agreement was unnecessary. Justice Donovan found that Boch Toyota's noncompete agreement was designed solely for the purpose of protection from ordinary competition, which is not subject to noncompete protection, and that there was no legitimate business interest to be protected by granting the injunction. Justice R. Malcolm Graham of the Massachusetts Appeals Court further denied a motion for interlocutory relief brought by Boch Toyota.
Click here for the Norfolk Superior Court Decision.
About Davis, Malm & D'Agostine, P.C.
Founded in 1979, Davis Malm is a general practice law firm that concentrates on finding solutions for businesses and individuals in corporate, real estate, financing, insolvency and restructuring, employment, environmental regulation, litigation, and trusts and estate planning matters. Clear thinking, tough-mindedness, and a firm commitment to its clients' interests are the touchstones of Davis Malm's practice. The firm is known for its collaborative service, conservative staffing, and alertness to individual client needs.
Gary M. Feldman and David M. Cogliano successfully represented Bernardi Toyota and two of its employees, Frederick Locke and Jaclyn Vasquez, against the motion for a preliminary injunction for the alleged violation of a non-competition agreement.