The Non-Compete Case Everyone's Talking About: Dare vs Onyx | Industry & Leadership: Adam Solomon KC
DEC 4, 202535 MIN
The Non-Compete Case Everyone's Talking About: Dare vs Onyx | Industry & Leadership: Adam Solomon KC
DEC 4, 202535 MIN
Description
In this episode of Industry & Leadership, Onyx's CEO Greg Newman sits down with barrister Adam Solomon KC to unpack one of the most closely watched employment-law disputes in the commodities trading world.The discussion centres on a highly unusual non-compete case involving illness during a year-long notice period, alleged competitive activity, and the complex interaction between medical evidence, confidential information, and restrictive covenants.Adam explains why this case stood out: the courts were asked to decide whether a company could enforce 12 months of notice plus 12 months of non-compete, effectively keeping an employee out of the market for two years. The episode explores how judges approach questions of illness, memory-based knowledge, confidentiality, and the credibility of competing narratives.Greg and Adam also examine the broader dynamics behind employer-versus-employer disputes, the strategic behaviour of legal teams, and the often-misunderstood role of conduct, regulatory issues, and aggressively obtained evidence in determining outcomes.⏱️ Chapters00:00 – Introduction & Case Background01:27 – Illness, Notice Periods & Covenant Enforcement02:20 – Why This Dispute Was Unusual03:22 – What the Case Was Really About: Business vs Business05:55 – Confidential Information, Memory & Non-Competes07:45 – Judicial Reasoning & Technical Evidence10:12 – Regulatory Concerns, Exchanges & Brokers12:05 – Contrasting Outcomes: Why One Employee Won & One Lost13:48 – Employer Conduct, Ethics & Evidence Gathering20:55 – Strategy, Law Firm Tactics & Litigation Dynamics27:00 – Broader Implications for Non-Competes & the Market32:05 – Costs, Damages & What Would Have Happened on Appeal35:06 – Final Thoughts & Closing Remarks📲 Follow us:Linktree: https://linktr.ee/flux_energyYouTube: https://www.youtube.com/@UCmyBe-R7Do6ZGWLyaStSosg LinkedIn: https://www.linkedin.com/company/fluxinstituteX (Twitter): https://x.com/FluxEnergyNewsInstagram: https://www.instagram.com/flux_energy_markets