A federal judge in New Jersey did not err in denying payroll company ADP’s motion for a preliminary injunction blocking its former chief strategy officer from joining a rival company, despite ADP’s assertion that the move violated restrictive covenant agreements.

Matthew Levin left his position as chief strategy officer with ADP for a step up the corporate ladder, taking over as CEO at BenefitFocus, according to the appeals court’s opinion. But his former employer sought a temporary restraining order and a preliminary injunction in the U.S. District Court for the District of New Jersey, arguing that Levin’s move violated various noncompete agreements and that he was “‘uniquely positioned to be able to help BenefitFocus … to sell all sorts of products and potentially harm ADP; not just in the benefits case but more globally across ADP’s portfolio,’” the opinion said.

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