Lamorte Burns & Co., Inc. v. Walters

The opinion of the Court was delivered by

LaVECCHIA, J.

In this case, we consider whether an employee has incurred liability for activities undertaken to plan and prepare for future employment in a newly created business entity established by the employee to compete directly with his current employer. Plaintiff, Lamorte Burns & Co. (Lamorte), filed suit against two of its former employees, Michael Walters and Nancy Nixon, in connection with their conduct in establishing a competing business. Plaintiffs complaint charged that Walters breached the restrictive covenant clauses of his employment…