In a surreal dance move right out of the movie Footloose a Texas  judge has ordered Former Aurthur Murray Dance instructor Eric Rush to jail for violating a non-competition agreement.  Rush was apparently dancing too close to to his former employer Arthur Murray Dance Studios.  The non-competition agreement he signed prohibited him from soliciting or teaching dance clients within 25 miles of his former employer.  Arthur Murray also alleged that Mr. Rush had violated the employment agreement/non-competition agreement by creating a Web site advertising his work, posting Craigslist notices offering his services and contacting Arthur Murray students. The only clients Rush will be teaching for the next 30 days will be his cell-mates at the Collin County Jail.  We can assume there will be no “dirty dancing”  at least no voluntarily on Eric’s part.  Mr. Rush’s attorney made the following statement:

“they are treating Mr. Rush as if he’s stolen Coca-Cola’s secret formula. “They’re killing a fly with a bazooka,” Mr. Magary said. “They’ve gone to such extreme lengths … to put one person who’s a lowly dance instructor out of work.”

Mr. Rush’s attorney has apparently not been watching the news.  As the economy continues to slide and business becomes harder to generate, losing one client at at time can quickly add up to bankruptcy.  To Arthur Murray and other businesses struggling to survive a recession headed into a depression, losing clients to those who have agreed not to steal them is in fact the equivalent of stealing the Coke formula.  When were they supposed to pull out the bazooka?  After they filed for bankruptcy?   Rush had been warned numerous times .  He continued to violate the non-competition agreement even after a court order was entered.  His attorney had better get used to these type of tactics if he is going to continue to handle non-competition litigation.   Agreements not to compete and solicit clients of a former employer are serious business.  They will become much more so as employers, facing declining revenues in this brutal economy become more aggressive in protecting their business interests.  While the facts of this case seem humorous there is a serious lesson to be learned here.  It can be best summed up in the words of Guido The Killer Pimp:

“In times of economic uncertainty, never ever fuck with another man’s livelihood.“