Wiand Guerra King Defeats Claim for Temporary Injunction in Non-Compete Case

2/21/2014

Wiand Guerra King (“WGK”) announced today that the Honorable Paul L. Huey, Circuit Court Judge in Hillsborough County, Florida, denied a motion for temporary injunction seeking to enforce two non-competition agreements and enjoin the firm’s clients from continuing in their current employment.  WGK represented two young sales representatives who left Bongo International, LLC (“Bongo”) and secured employment with GoInterpay.

Bongo filed suit seeking to prevent WGK’s clients from continuing their employment with GoInterpay, alleging that they were in violation of their non-competition agreements. Kacy Donlon, the lead attorney on the case, argued that injunctive relief was inappropriate and unnecessary because Bongo could not establish that the non-competition agreements were valid and enforceable or that Bongo had suffered any harm as a result of the alleged violations.

The Court determined that Bongo failed to establish it was entitled to injunctive relief finding that the employment agreements had not been violated. Further, applying Connecticut law, the Court held that Bongo had failed to present any proof of irreparable harm.  Balancing the equities and the applicable factors, the Court found no necessity for a temporary injunction to be issued in the case.

Wiand Guerra King is a top-tier Tampa, Florida law firm whose nationwide practice focuses on complex litigation, securities and other regulatory matters, and white-collar defense. Additionally, the firm counsels broker-dealers and investment advisers with respect to compliance, operational, and regulatory matters.

WGK attorneys on the case were Kacy Donlon and Kimberly A. Koves.  For more information, please contact Kacy Donlon at 813-347-5100 or kdonlon@wiandlaw.com.