Proudfoot Consulting v. Gordon 576 F.3d 1223 (11th Cir. 2009) illustrates a number of issues related to restrictive covenants in employment contracts. Please respond to the following questions:
1. What were the legal issues in this case? What did the court decide?
2. What did the restrictive covenants that were at the center of this case say? What is the significance of the “tolling” provision incorporated into the agreement?
3. Why were these restrictive covenants enforceable against the former employee?
4. Why did the appeals court reject the lower court’s ruling regarding damages? How should damages be decided in a case like this?
5. How well did either party handle this situation? How might the situation have been handled differently by both parties?
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