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United States Ninth Circuit


NIKE, INC. v. MCCARTHY, 03-35818

Plaintiff's promotion is an "advancement" which renders a noncompete agreement enforceable under Oregon law. The noncompete agreement is further upheld on grounds that plaintiff has a legitimate interest in enforcing the agreement due to a substantial risk that defendant could potentially divert sales based on confidential information acquired with plaintiff.

Appellate Information

  • Argued 03/04/2004
  • Decided 08/09/2004
  • Published 08/09/2004

Judges

  • FISHER, Circuit Judge:, Before: HUG, McKEOWN and FISHER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Steven L. Manchel, Manchel & Brennan, P.C., Newton, MA, and Christopher T. Carson, Kilmer, Voorhees & Laurick, P.C., Portland, OR, for the defendant-appellant., Scott G. Seidman, Tonkon Torp LLP, Portland, OR, for the plaintiff-appellee.
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