Tortious interference claim can proceed over lawyer’s advice to breach non-compete

Lawyers' Forum

By James L. Komie

Howard & Howard partner James Komie concentrates his practice in civil litigation and counseling matters, with an emphasis on employment and trade secret/non-compete issues. He can be reached at (312) 456-3666 and jkomie@howardandhoward.com.

Posted April 17, 2018 1:02 PM

Can an attorney who advises an employee to breach a non-compete be sued by the employer for tortious interference with contract? The answer may be yes, at least according to the U.S. District Court for the Western District of Kentucky, which recently refused to dismiss such claim against the attorney defendants in Pinnacle Surety Services, Inc. v. Mannion Stigger, LLP.In May 2013, the plaintiff Pinnacle hired two employees from Wells Fargo to open a surety bond business in Louisville, Ky. The attorney defendants, who would …

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