JUDGE TO HEAR LEXMARK NON-COMPETE MOTION

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JUDGE TO HEAR LEXMARK NON-COMPETE MOTION

 user 2006-06-29 at 11:43:00 am Views: 50
  • #15905

    Judge to hear Lexmark non-compete motion
    The
    case of a former Lexmark International employee who defected to
    industry leader Hewlett-Packard will return to Fayette Circuit Court
    today.Attorneys for Lexmark will argue that Bruce Dahlgren should be
    compelled to answer certain questions posed during a recent
    deposition.Dahlgren left Lexmark for HP in January after nearly six
    years as a vice president and general manager. He was considered among
    the company’s top 20 executives, according to testimony.Lexmark alleges
    Dahlgren, in doing so, violated a non-compete clause in his
    contract.Earlier this year, a Lexington judge issued a temporary
    restraining order, ruling that Dahlgren must abide by the agreement,
    which prohibits him from working in his new job for one year and from
    luring away Lexmark’s employees or certain customers for three
    years.But a judge in California, where non-competes are generally
    prohibited, said Lexmark could not enforce that ruling.Both companies
    have declined to comment on the litigation.Lexmark’s attorneys took a
    deposition of Dahlgren in May, but they will argue that Dahlgren be
    forced to answer questions “regarding conversations and communications”
    with a human resources executive at HP and HP’s in-house
    attorney.Lexmark will also request that HP and Dahlgren hand over
    documents about the conversations, plus make the attorney available for
    a deposition about the matter.The attorneys will again be in court on
    June 30 when Lexmark will request that Judge Thomas Clark find Dahlgren
    and HP in contempt.Lexmark claims Dahlgren and HP have violated Clark’s
    order, as “Dahlgren has refused to return Lexmark documents.” The
    company alleges Dahlgren has also done work that competes with
    Lexmark’s North American business, which the non-compete forbids him
    from doing
    .