Publications
Publications
- August 2017
- HBS Case Collection
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)
By: Lena G. Goldberg and Danielle V. Holland
Abstract
The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction and states with diametrically opposed laws and public policies concerning non-competition agreements. The enforceability of the employment contract at the core of the case is explored in the context of motion pleading and preliminary relief, and litigation strategy is presented as part of a company’s overall business strategy.
Keywords
Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts
Citation
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)." Harvard Business School Case 318-026, August 2017.