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 ou...

Flux News

Onyx Capital Group

The Non-Compete Case Everyone's Talking About: Dare vs Onyx | Industry & Leadership: Adam Solomon KC

DEC 4, 202535 MIN
Flux News

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.

⏱️ Chapters
00:00 – Introduction & Case Background
01:27 – Illness, Notice Periods & Covenant Enforcement
02:20 – Why This Dispute Was Unusual
03:22 – What the Case Was Really About: Business vs Business
05:55 – Confidential Information, Memory & Non-Competes
07:45 – Judicial Reasoning & Technical Evidence
10:12 – Regulatory Concerns, Exchanges & Brokers
12:05 – Contrasting Outcomes: Why One Employee Won & One Lost
13:48 – Employer Conduct, Ethics & Evidence Gathering
20:55 – Strategy, Law Firm Tactics & Litigation Dynamics
27:00 – Broader Implications for Non-Competes & the Market
32:05 – Costs, Damages & What Would Have Happened on Appeal
35:06 – Final Thoughts & Closing Remarks

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