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  • Data Management V Greene

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    Ellie Gartung
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    Data management, Inc. Hired Greene and signed a contract containing a covenant that employees will not compete with the company for five years after termination. Plaintiff sought preliminary injunction and it was granted. Trial court granted summary judgment to Greene. Plaintiff appealed. This court adopts the approach holding that if an overbroad covenant not to compete can be reasonable altered to render it enforceable, then the court shall do so.

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    Data Management v Greene

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    Data management, Inc. Hired Greene and signed a contract containing a covenant that employees will not compete with the company for five years after termination. Plaintiff sought preliminary injunction and it was granted. Trial court granted summary judgment to Greene. Plaintiff appealed. This court adopts the approach holding that if an overbroad covenant not to compete can be reasonable altered to render it enforceable, then the court shall do so.

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    29 views1 page

    Data Management V Greene

    Uploaded by

    Ellie Gartung
    Data management, Inc. Hired Greene and signed a contract containing a covenant that employees will not compete with the company for five years after termination. Plaintiff sought preliminary injunction and it was granted. Trial court granted summary judgment to Greene. Plaintiff appealed. This court adopts the approach holding that if an overbroad covenant not to compete can be reasonable altered to render it enforceable, then the court shall do so.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    Data Management, Inc.

    v Greene
    Supreme Court of Alaska, 1988

    Facts: Data Management (P) hired Greene (D) and signed a contract containing a
    covenant that employees will not compete with the company for five years after
    termination.

    Procedural History: Plaintiff sought preliminary injunction and it was granted. Trial
    court granted summary judgment to Greene. Plaintiff appeals.

    Issue: May the court modify an overly restrictive covenant not to compete in order to
    enforce its reasonable aspects.

    Holding: Yes. Reversed.

    Reasoning: This court adopts the approach holding that if an overbroad covenant not
    to compete can be reasonable altered to render it enforceable, then the court shall do so
    unless it determines the covenant was not drafted in good faith.

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