In an opinion Monday, Judge Abrams granted, in part, a motion by one insurance brokerage, Marsh & McLennan (referred to as MMA), to preliminarily enjoin a rival, Alliant, and certain employees that had left to join Alliant, from poaching clients, in violation of certain contractual non-solicitation obligations.

Judge Abrams enjoined further poaching but would not go so far as to enjoin Alliant from servicing clients that had already left because there was no “indication that MMA’s lost clients would return” if an injunction issued and because, even if MMA were to ultimately prove the client defections resulted from contractual breaches or tortious behavior, the appropriate remedy would be damages (even potentially punitive damages), not a preliminary injunction:Continue Reading In Corporate Raiding Case, Judge Abrams Enjoins Poaching Clients But Not Servicing Ones That Have Already Left