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IBM v. Johnson: The saga continues

Posted on June 30, 2009 at 8:31 AM
Filed under: CD Community | Law
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Midafternoon Friday we told you that U.S. District Judge Stephen Robinson had ruled that David Johnson, IBM Corp.'s (NYSE:IBM) former vice president for corporate development, can work at rival Dell Inc. (NASDAQ:DELL) during IBM's suit against him. IBM is suing Johnson, arguing his move to Dell violates a noncompete agreement, which Johnson says is invalid.

But wait. IBM spokesman Doug Shelton informs us that later on Friday, the 2d Circuit Court of Appeals granted IBM's emergency motion to temporarily reinstate an earlier order limiting Johnson's work at Dell until a three-judge panel can review the motion.

So now what? Well, Johnson has until noon on Tuesday to file responsive papers to the appeals court. We don't know how long the review will take, but while Johnson's waiting, he can presumably keep getting to know his new company while steering clear of sensitive matters.

Meanwhile, back at IBM, Elias Mendoza, Johnson's successor, will be getting up to speed on his new responsibilities. Mendoza joined IBM in 2006 from Morgan Stanley (NYSE:MS). - Kenneth Klee


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