Brendan Coleman created and marketed Clinex, a software billing program.

Brendan Coleman created and marketed Clinex, a software billing program. Later, Retina Consultants, P.C., a medical practice, hired Coleman as a software engineer. Together, they modified the Clinex program to create Clinex-RE. Coleman signed an agreement to the effect that he owned Clinex, Retina owned Clinex-RE, and he would not market Clinex in competition with Clinex-RE. After Coleman quit Retina, he withdrew funds from a Retina bank account and marketed both forms of the software to other medical practices. Was the covenant not to compete in this case enforceable? Was Coleman’s behavior after leaving Retina unethical? Explain. [Coleman v. Retina Consultants, P.C., 286 Ga. 317, 687 S.E.2d 457 (2009)]

 

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