United Parcel Service, Inc. v. Kenneth Cherry, Civil Action No. 1:22-cv-02874-LMM (N.D. Ga.)

On July 20, 2020, United Parcel Service (UPS) filed a complaint for injunctive relief and damages against a recently retired senior executive, claiming the company’s trade secrets are at risk if the former executive is allowed to join rival Amazon in a similar leadership function.

UPS argues that Kenneth Cherry, former President of U.S. Operations, Training, Health & Safety and a 38-year UPS employee, has competitive intelligence about the company’s operations, vendor relations, organizational talent and training methods that are the company’s protected trade secrets. UPS claims that such knowledge could be valuable to a direct competitor and damaging to UPS, should Cherry be allowed to take a proposed job with Amazon. The lawsuit also notes that Cherry signed a one-year non-compete agreement when he retired from the company.

The plaintiffs are seeking an injunction preventing Mr. Cherry (as well as any others working with him) from violating the non-compete agreement as well as appropriate damages.