Deutsche Post Global Mail, Ltd. v. Conrad
United States District Court for the District of Maryland
292 F. Supp. 2d 748 (2003)
- Written by Salina Kennedy, JD
Facts
While Gerard Conrad (defendant) and Guy Gemmill (defendant) were employed by Deutsche Post Global Mail, Ltd. (DPGM) (plaintiff), they were each required to sign an employment agreement containing several restrictive covenants. One of the restrictive covenants prohibited employees from engaging in any activity that could adversely affect DPGM or any related company, including directly or indirectly soliciting or diverting or attempting to solicit or divert DPGM customers, for a period of two years after the termination of the employee’s employment with DPGM. Conrad and Gemmill left DPGM to form their own company and solicited DPGM’s customers in violation of the covenant. DPGM sued Conrad and Gemmill for breach of the employment agreement and sought summary judgment. Conrad and Gemmill admitted that they had breached the covenant not to solicit DPGM’s customers but argued that the covenant was unreasonably broad and therefore unenforceable. DPGM argued that if the covenant was unreasonable, the court could edit it to make it reasonable and therefore enforceable.
Rule of Law
Issue
Holding and Reasoning (Motz, J.)
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