As a non-compete litigator, I often scan the case reports
looking for noteworthy non-compete decisions. In doing so, I
look for the usual buzzwords of interest -- non-compete, trade
secret, preliminary injunction, etc. But every once in a
while, I come across a case that has nothing to do with
non-competes that is worth tucking away in the research file.
Wolfe v. TBG Limited is just such a case.
In Wolfe, an employee filed suit against his
employer alleging claims of negligence and intentional
misrepresentation, breach of contract and/or wrongful termination
of a long-term incentive plan. By all measures, I would not
normally expect this case to catch my eye. But there were two
things about the court's decision that caught my departing
employee-trained eyes: rejection of an argument about adhesion
contracts and enforcement of a forum selection clause.
