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Marsh & McLennan Cos., Inc. v Feldman

Supreme Court of New York, New York County

September 26, 2019, Decided

652284/2019

Opinion

DECISION + ORDER ON MOTION

MASLEY, J.:

Background

Plaintiff Guy Carpenter & Company, LLC (GC), a subsidiary of plaintiff Marsh & Mclennan Companies, Inc. (MM), operates in the reinsurance brokerage business. (NYSCEF Doc. No. 14, Amended Complaint at ¶¶ 9, 10.) In 2009, GC acquired a reinsurance brokerage company that employed defendant Kevin Feldman. (Id. at ¶ 14.) Feldman and GC allegedly entered into a Notification, Non-Solicitation and Confidentiality Agreement (Agreement) on March 30, 2012. (Id. at ¶ 15.) Under the Agreement, Feldman agreed that, should he intend to terminate his employment with  [**2]  GC, he would provide 60 days prior written notice of his intention. (NYSCEF Doc. No. 8, Agreement at 1.) For the duration of this 60-day notice period, Feldman agreed to remain an employee of GC, and perform his regular duties. (Id.) Feldman further agreed that for one year from his termination, he would not solicit or accept business of the type offered by GC, or perform services related to such type of business from or for clients or prospects of GC or its affiliates. (Id. at 2.) Prospects, as defined in the Agreement, are any prospective client [*2]  or customer who Feldman solicited, participated in the solicitation of, or supervised the solicitation of at anytime during the twelve months preceding the termination of his employment. (Id.) Within that one year, Feldman also agreed not to solicit or encourage any employee of GC or its affiliates to terminate his or her employment with GC or its affiliates. (Id.) The Agreement also provides that during, and subsequent to his employment with GC, Feldman would not use or disclose confidential information. (Id. at 2-3.) Indeed, the Agreement states that Feldman is not to use his knowledge of confidential information or trade secrets for personal gain. (Id. at 5.)

In February 2018, Feldman and MM entered into a Restrictive Covenants Agreement (RCA), the execution of which was a condition precedent to Feldman's exercise of certain stock options. (NYSCEF Doc. No. 9, RCA at 1.) Under the RCA, Feldman agreed that in the year following his separation from GC, he would not use confidential information or trade secrets to solicit clients or prospective clients of MM or its subsidiaries with whom Feldman had contact with during the two years prior to his separation. (Id. at 2.) Feldman also agreed that in the year following his [*3]  separation from GC, he would not use confidential information or trade secrets to solicit any employee of MM or its affiliates with whom he made contact with during the last two  [**3]  years of his employment. (Id.) Feldman also agreed that, during and subsequent to his employment with GC, he would not use or disclose any confidential information such as client and personnel information. (Id. at 2-3.)

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2019 N.Y. Misc. LEXIS 5243 *; 2019 NY Slip Op 32884(U) **

 [**1]  MARSH & MCLENNAN COMPANIES, INC., and GUY CARPENTER & COMPANY, LLC, Plaintiffs, - v.- KEVIN FELDMAN, TIGERRISK PARTNERS, LLC, and ELLIOTT FREER, Defendants. INDEX NO. 652284/2019

Notice: THIS OPINION IS UNCORRECTED AND WILL NOT BE PUBLISHED IN THE PRINTED OFFICIAL REPORTS.

CORE TERMS

solicited, confidential information, trade secret, responded, irreparable harm, termination, notice, preliminary injunction, likelihood of success, employees, prospective client, breaching, Sequence, further order, resignation, disclosing, encouraging, reinsurance, customer, deposition testimony, restrictive covenant, tortious act, misappropriating, irreparable, injunction, merits