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Sandberg Phoenix Obtains Permanent Injunction Against Former Perficient, Inc. Tech Executive for Violating Non-Compete Agreement

Sandberg Phoenix lawyers Lyndon Sommer and Ben Wesselschmidt tried and successfully obtained a permanent injunction against a former Vice President of St. Louis tech company Perficient Inc. for breach of his non-compete agreement by moving to Chicago-based competitor Spaulding Ridge, LLC.  The permanent injunction trial followed after Sandberg Phoenix first obtained a temporary restraining order against the VP.   

Specifically, Judge John Ross of the Eastern District of Missouri held the former VP breached his agreement not to perform “competing duties,” putting Perficient’s customers and trade secrets at risk.  The VP’s placement in leadership with a competitor put him in a position to disclose confidential information related to Perficient’s business plans and profit margins by virtue of his inside knowledge of Perficient, including its strategic plans for new service offerings the VP helped develop for Perficient.    

The case is Perficient, Inc. v. Thomas Munley, et al., cause no. 4:19-cv-01565.  

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