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Prepositions in the context of a case regarding non-competition agreements

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Read the summary of Lunt v. Campbell and decide which preposition, if any, fits in the blank.

A recent case decided by the Business Litigation Section {1:MULTICHOICE:as~at~by~in~=of~to~from~through~during~no preposition} Suffolk Superior Court highlights some interesting trends with regard to the enforcement of non-competition agreements. Lunt v. Campbell involves three hairdressers who left the Lunt salon {1:MULTICHOICE:as~at~by~=in~of~to~from~through~during~no preposition} Beverly Farms, Massachusetts following their decision to start {1:MULTICHOICE:as~at~by~in~of~to~from~through~during~=no preposition} a new shop in Peabody, Massachusetts. The hairdressers had signed non-competition agreements {1:MULTICHOICE:as~at~by~in~of~to~from~through~=during~no preposition} their employment with Lunt prohibiting them {1:MULTICHOICE:as~at~by~in~of~to~=from~through~during~no preposition} competing in Essex County for two years. Lunt sought an injunction when the hairdressers left to start Gichelle’s Hair Studio.

The court found {1:MULTICHOICE:as~at~by~in~of~to~from~through~during~=no preposition} that hairdressers are not fungible and that the choice {1:MULTICHOICE:as~at~by~in~=of~to~from~through~during~no preposition} hairdressers is a matter of personal taste. To the court this meant that the goodwill probably belonged {1:MULTICHOICE:as~at~by~in~of~=to~from~through~during~no preposition} the hairdresser not the shop. This was supported {1:MULTICHOICE:as~at~=by~in~of~to~from~through~during~no preposition} the fact that Lund’s former clients followed the hairdressers {1:MULTICHOICE:as~at~by~in~of~=to~from~through~during~no preposition} a new shop 10 miles away.

{1:MULTICHOICE:=As~At~By~In~Of~To~From~Through~During~no preposition} to confidential information, the court found that names and telephone numbers of customers do not constitute {1:MULTICHOICE:as~at~by~in~of~to~from~through~during~=no preposition} confidential information.

The court also found that if an employer wants {1:MULTICHOICE:as~at~by~in~of~to~from~through~during~=no preposition} the court to take the non-competition agreement more seriously, it should attempt to have the agreement signed {1:MULTICHOICE:as~=at~by~in~of~to~from~through~during~no preposition} the outset of employment, rather than mid-way {1:MULTICHOICE:as~at~by~in~of~to~from~=through~during~no preposition}, as was the case here. This observation is likely to be applied {1:MULTICHOICE:as~at~by~=in~of~to~from~through~during~no preposition} future cases.

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