Business Litigation

Because the results obtained in specific cases depend on a variety of factors unique to each case, past case results do not guarantee or predict a similar result in future cases undertaken by a lawyer or law firm.

Company's Not-to-Compete Employment Restriction Upheld

The Employer sued several of its salesmen who had left the company and began competing for the employer’s customers. The case raised the issue of the enforceability of a covenant not to compete as part of any employment agreement. The employees were restricted from competing with their former employer for a period of two years and in the same territory in which they worked as salesmen. The lower court refused to enforce the covenant holding that such covenants were not favored in the law and caused an unreasonable restriction on the employee’s freedom of employment. Frei, Mims and Perushek appealed and The Supreme Court reversed the lower court holding that given the nature of the employment, the contacts provided to the employees, the customer lists and business methods that the restrictions on their post-employment activities were reasonable. The court established a three-part test to determine whether covenants not to compete were reasonable:

  • whether the restriction was reasonable in its scope (geographical area),
  • whether the restriction was reasonable in its duration and
  • whether the restriction was necessary to protect the goodwill of the employer.
Client Reviews
Gary Mims represented me as my attorney with an issue I had last year. Working with Gary was a pleasure. He was very understanding about my situation, and it was affirming to talk to him. He had a good grasp not only of the legal issues, but the technical issues with my case. Other attorneys I had approached were less receptive because they were not familiar with my particular issue; Gary was. He was professional, empathetic, and a zealous advocate. I was very pleased with how he handled my case... Lisa Ramish
This is the ‘go to’ firm in Northern Virginia for personal injury law. They did a fabulous job for us. I would highly recommend them. They definitely went above and beyond for us with a great result. Christine Bates
Trusted advice and guidance when you need it most: Gary Mims of Frei, Mims and Perushek, provided outstanding help and guidance through a difficult, emotional and often complex process. When we first thought we might need legal assistance we reached out to several attorneys that we found on the internet and Gary stood out from all the rest: he explained the situation and process ahead in simple terms that we were able to understand...While we hope not to need legal support in the future, if we did, Gary Mims would most certainly be our first, and only, choice. 10 out of 10, thank you Colonel Jeremy Johnson