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.