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Riezman Berger, P.C. Attorneys Successfully Defend Employee’s Right to Change Jobs

In April 2007, Vijay Nithiananthan sought to leave his longtime employer, Missouri based conglomerate MEMC, Inc., for a job opportunity out of state. MEMC, Inc. responded by immediately filing suit and obtained an emergency order restraining Nithiananthan from beginning his new position. MEMC alleged that Nithiananthan had knowledge of purported MEMC trade secrets related to silicon crystal growing, and that allowing him to take his new job would permit Nithiananthan to use that information to MEMC’s detriment. MEMC, Inc. further argued Nithiananthan’s new employment would violate an agreement signed years earlier during a prior period of employment with MEMC. After rounds of depositions and a two day evidentiary hearing, Charles S. Kramer, a partner at Riezman Berger, P.C., successfully argued for the release of the temporary restraining order and the denial of any preliminary injunction. After further discovery, Charles S. Kramer, with the assistance of Riezman Berger attorney Jennifer L. Geschke, then ended the case permanently with a successful summary judgment motion. MEMC appealed, but the Missouri Court of Appeals, Eastern Division, denied the appeal without published opinion, allowing Nithiananthan to continue his new employment unimpaired.

A top trial lawyer and business advisor, Charles S. Kramer’s practice covers all aspects of business representation, including business trial work and litigation, general business counseling, and transactional work and negotiation. Charles has successfully tried cases of all magnitudes, and is known for obtaining successful results for both plaintiffs and defendants. His trial work includes construction, contract, employment, copyright, trademark, trade secret, securities, unfair competition, right of privacy and publicity, constitutional law, business tort, antitrust and sports law cases. He has pioneered new theories for the benefit of clients, including claims for “negligent endorsement” of companies, products or services, and new applications of unfair competition law.

Since joining the firm in 2005, Jennifer L. Geschke has established her practice with an emphasis on civil and commercial litigation, and has experience in both trade secrets and other intellectual property matters, as well as employment issues. She received her undergraduate degree in English (cum laude) from the University of Missouri - St. Louis and her law degree from Saint Louis University in 2004. Jennifer is licensed in Missouri and the U.S. District Court for the Eastern and Western Districts of Missouri.

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