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Cambridge Technology Partners Wins Injunction Against Former Employees for Violating Non-Recruitment Agreements.


Business/Technology Editors

CAMBRIDGE, Mass.--(BUSINESS WIRE)--Aug. 16, 2000

Court Orders Gen3 Executives To Stop Recruiting Cambridge's Employees

Case Now Goes To Trial; Cambridge Confident Of Outcome

Cambridge Technology Partners (Massachusetts), Inc. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:CATP CATP Cambridge Technologies (stock symbol)
CATP Coverage Acceptance Test Plan
CATP Committee of Adaptation to Technical Process
) (Cambridge), a global e-Solutions provider, today announced that the Middlesex Superior Court of the Commonwealth of Massachusetts has issued a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 against former Cambridge employees, restraining them from soliciting, recruiting or hiring Cambridge employees.

The former employees who were enjoined all work for Gen3 Partners. They include Gen3's President and Chief Operating Officer Chief Operating Officer (COO)

The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president.
, Mark Williams Mark Williams is the name of the following people: Great Britain
  • Mark Williams (politician) - British Member of Parliament for Ceredigion
  • Mark J. Williams - professional snooker player
  • Mark Williams (actor) - British actor and comedian
; Arthur Toscanini, Gen3's Chief Financial Officer; as well as Gen3's Director of Human Resources The fancy word for "people." The human resources department within an organization, years ago known as the "personnel department," manages the administrative aspects of the employees. , its Chief Technology Officer and the leader of one of its branch offices. Gen3 Partners is a Boston-based professional services firm that was co-founded by Cambridge's former CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , James K. Sims. The Court's injunction does not cover Sims.

In her ruling issued August 15th, Justice of the Superior Court Leila R. Kern said regarding Cambridge's allegation that the seven defendants violated the non-solicitation clauses of their employment agreements with Cambridge, "Clearly, (Cambridge) has shown that it is likely to succeed on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers  of this claim and that without an injunction against defendants, violations of the non-hire, non-solicitation clause of the employment agreement will continue to occur."

Cambridge General Counsel Joseph LaSala stated, "The decision by the Court is an important one for Cambridge that vindicates our company's right to enforce our agreements and protect our workforce from unlawful raiding."

"It is noteworthy that the filing of our lawsuit in April apparently caused the defendants to stop hiring our employees. Gen3 hired 17 former Cambridge employees before the filing and none since that time," Mr. LaSala added.

He continued, "We are pleased that the Court has seen fit to enjoin To direct, require, command, or admonish.

Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties.
 former Cambridge employees now at Gen3 from soliciting, recruiting or hiring current Cambridge employees."

The Court did not grant Cambridge's request for further preliminary injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  against Sims and Gen3 that would have prevented Sims from working for Gen3. In declining to grant this portion of Cambridge's request, Judge Kern reasoned that the central legal question whether Gen3 is competing with Cambridge is one which will have to be decided when this case proceeds to trial on Cambridge's claims. She wrote, "A careful scrutiny of the context of (Cambridge's) Digital Strategy Practice against Gen3's offering indicates that it is equally probable as not that these two companies are competing."

On this aspect of the Court's ruling, Mr. LaSala commented, "While we sought other preliminary relief, we recognized from the outset the difficulties inherent in obtaining further relief at this preliminary stage. We are prepared to go to trial, and we are confident that we will prevail."

Mr. LaSala concluded, "Our goal in this litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 is to protect our company's most important assets - the intellectual capital and institutional goodwill we have developed because of the extraordinary talent and skill of our people. We have a duty to all of our 4,000 employees and to our shareholders to protect our company's legal rights aggressively by going to court, if necessary, to enforce the legal and contractual obligations owed to Cambridge."

In its lawsuit, filed April 5, 2000, Cambridge charges that Sims launched Gen3 Partners as a new company in direct competition with Cambridge while he was still a Cambridge employee and bound by the non-competition provision of his contract; that Toscanini violated the non-compete provision of his contract by teaming up with Sims at Gen3; and that Sims, Toscanini and other former Cambridge employees, including Gen3's President, targeted Cambridge employees for recruitment to Gen3 in violation of their legal and contractual obligations to Cambridge.

In addition to permanent injunctive relief, Cambridge seeks to recover damages resulting from lost business, disruption of its business and for compensation paid to Sims under his employment and severance agreements, as well as compensation paid to Toscanini under his severance agreement.

About Cambridge Technology Partners

Cambridge Technology Partners provides management consulting and systems integration services to transform its clients into e-Businesses. Working in collaboration with Global 1000, high-velocity middle market companies and dot-com companies, Cambridge combines a deep understanding of New Economy issues with integrated, end-to-end services, and a proven track record of shared risk and rapid, guaranteed delivery. Cambridge generated $628.1 million in revenue in 1999, with $243.3 million from its global e-Business solutions. Cambridge has approximately 4,000 employees and 53 offices worldwide. Cambridge is a Safeguard Scientifics (NYSE NYSE

See: New York Stock Exchange
: SFE See Sydney Futures Exchange. ) partner company. Cambridge on the Web: http://www.ctp.com.
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Publication:Business Wire
Date:Aug 16, 2000
Words:753
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