Tag Archives: noncompetes

Former Employer Bounced From Court – Forced to Arbitrate Noncompete Claims

A recent decision from Judge Kaplan in the MA Business Litigation Session highlights some interesting issues that arise when a noncompete case is complicated by the existence of an agreement to arbitrate claims. In Tibco Software, Inc. v. Zephyr Health, Inc. and Kevin Willoe,  Kaplan required a plaintiff seeking to enforce restrictive covenants to arbitrate – rather than litigate in court – claims against both the former employee and his new employer.… More