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EMC Can't Stop Ex-Employee From Competing: 1st Circ.

Law360

August 26, 2011

Joseph L. Buckley, Counsel for the defendants, applauded the panel's favorable decision effectively upholding  that the non-competition and nonsolicitation clauses of EMC's former employee only lasted for a year.  He stated: "We believe it's a correct application of both Massachusetts and federal law... It correctly followed the precedent set in both Massachusetts and by the A-Copy case in federal court." Judges Michael Bousin and Bruce M. Seyla and Justice David H. Souter sat on the panel for the First Circuit. (EMC Corp v. Arturi, case number 11-1001, in the U.S. Court of Appeals for the First Circuit)