Question

What alternative fact pattern might change the court’s decision

on whether Cangemi and Calianno breached their non-compete
agreements?

Answer 1

An alternative fact pattern might involve scenarios where the non-compete agreement is overly broad, lacks sufficient consideration, is not aligned with protecting legitimate business interests, leads to undue hardship for the individuals, or is against the public interest.

Step-by-step explanation:

An alternative fact pattern that might change the court's decision on whether Cangemi and Calianno breached their non-compete agreements could involve several scenarios. For example, if the restrictive covenant was overly broad in terms of geography, duration, or scope of activities restricted, the court might find it unenforceable. Similarly, if Cangemi and Calianno were not provided with sufficient consideration (something of value) in exchange for the restriction, the agreement might not hold up in court. Moreover, if the non-compete was not necessary to protect the employer's legitimate business interests, such as trade secrets or confidential information, and simply served to prevent competition, a court might view it as unreasonable. Lastly, if enforcing the non-compete would result in undue hardship for Cangemi and Calianno or if it was against the public interest, for example by significantly restricting the availability of services, the court may decide not to enforce the covenant.

Answer 2

An alternative fact pattern that could change the court's decision on whether Cangemi and Calianno breached their non-compete agreements is if they did not have access to any confidential information or trade secrets of their previous employer.

Step-by-step explanation:

In order to change the court's decision on whether Cangemi and Calianno breached their non-compete agreements, an alternative fact pattern could be one where Cangemi and Calianno did not have access to any confidential information or trade secrets of their previous employer.

If they can prove that their new business does not use any proprietary knowledge learned from their previous employer, the court may find that they did not breach their non-compete agreements.