Course Hero Logo

Case Analysis Week 8.docx - DEANDRA STRACHAN WEEK 8 CASE...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 5 out of 28 pages.

DEANDRA STRACHANWEEK 8 CASE ANALYSISSATURDAY 23,2022
ContentsChapter 2.....................................................................................................................................3Chapter 3.....................................................................................................................................6Chapter 4.....................................................................................................................................9Chapter 5...................................................................................................................................12Chapter 6...................................................................................................................................15Chapter 9...................................................................................................................................18Chapter 10.................................................................................................................................21Chapter 11.................................................................................................................................23Reflection...................................................................................................................................25
Chapter 2Case:Osbourne Assocs. V Cangemi, 2017 WL 5443146 (M.D. Fla. 2017) (Bennett-Alexander,2021, p. 47)Parties:Plaintiff Osbourne AssocsvDefendant: CangemiFacts:A salon named Generations whose main clientele was senior citizens , hired SherylCangemi as a business development manager. They also hired Julie Calianno as the RegionalManager (both in March 2016) Both Sheryl and Cangemi worked hand in hand with their salesstrategies and intellectual properties. The two signed a non- compete agreement which prohibitedthem from working with their direct competitors after leaving the company for one year. InNovember of 2016 both employees opened Silver Salon Company that offered the same servicefor the same clientele as Generations. Shryl and Cangemi resigned from generations in Januaryof 2017. In February 2017, they had one of Generation old clients. Generations sued Silver Salonfor breach of non-compete agreement and fiduciary duty. (Bennett-Alexander, 2021, p. 47)Issue:Is this a real breach of contract since they only gained their first customers right before theyear?Does the covenant speak to opening your own business? What is the harm being done byGenerations? If there are any legitimate damages, what are they?Applicable Law(s):A valid non-compete must be supported by a "one or more legitimatebusiness interest" FLA.STAT.542.335(1)(b) and that the contractually specified restraint isreasonably necessary to protect the established interests of the employer. Florida statute section542.335
Holding:Generations Salon won the case under the Florida statute section 542.335 andPennsylvania law.The showed that their client the defendants had access to their client databasewhich contained clients personal information. (Bennett-Alexander, 2021, p. 48)Reasoning:The defendants had access to the database for generations, which is the intellectualproperty of the business. The non-compete agreement that was signed did not cover no directcompetition with the salon. However, the Generations was able to prove the legitimate businessand had all right to protect their customer’s data.Case Questions: What alternative fact pattern might change the court's decision onwhether Cangami and Calianno breached their non-compete agreements?If the non-compete was signed after they went into their contractual employment, the outcome ofthe case may have been different. However, in this case both employees signed the agreementbefore employment. If the ladies opened up their salon a year after their employment withGeneration.If Generation Salon did not have its proprietary Stanglware database, would this case beresolved differently?

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 28 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Spring
Professor
FAGGOINE

Newly uploaded documents

Show More

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture