A client of JDP obtained a final injunction in proceedings regarding unfair competition acts committed by a former management board member

JDP’s client belonging to a global group providing specialised services acquired a prosperous Polish company from the same sector. One of the departing management board members of the target company started a cooperation with another entity that took up competitive operations.

The former management board member disclosed the target’s trade secrets to the new business partner, such as terms of contracts with one of the target’s business partners or details on contracts with personnel. As a result, the business partner of JDP’s client terminated its contracts and the personnel started leaving for the competitor.

As part of the JDP legal advice in the crisis situation caused by the conduct of the former management board member, the JDP team applied for an injunction based on provisions on combating unfair competition, both with respect to the former management board member and the competitor that unfairly had taken over the client’s contracts and personnel.

JDP’s arguments satisfied the court, and the court issued a broad interim injunction prohibiting i.a. inducing the client’s personnel and customers to terminate their contracts, disclosing and using trade secrets of JDP’s client in a certain form as well as disseminating untrue information about the company.

The opposing party appealed against the injunction, however, the court dismissed the appeal and the injunction became final and non-appealable.

The advising team: dr Marcin Chomiuk (Partner, Company Law), Adrian Andrychowski (Counsel, Corporate Disputes and post-M&A), dr hab. Bogusław Lackoroński (Of Counsel, Litigation and Arbitration), Arkadiusz Górski (Senior Associate, White-Collar Crimes), Tomasz Krawczyk (Junior Associate, Corporate Disputes and post-M&A) and Klaudia Olejniczak (Junior Associate, Corporate Disputes and post-M&A).