Background of the Dispute
Earlier this month, Marsh filed a case in the Delaware court alleging that London-based Howden conspired with former Marsh executives in Florida to solicit clients and recruit more than 140 employees. The executives, led by former Florida zone leader Michael Parrish, left Marsh and joined Howden.
The Delaware filing follows an earlier federal lawsuit Marsh brought against the executives in the Southern District of New York. That suit claims the executives violated their employment agreements. Separately, the executives and Howden had sought a ruling in New York state court that the restrictive covenants in their contracts were overbroad and superseded.
Howden officially launched its U.S. retail unit, headed by Parrish, on August 1.
Court Proceedings in New York
The New York federal court has scheduled a September 4 hearing, requiring Marsh to explain why Howden should not be permitted to intervene in the case. At present, Howden is not listed as a defendant in that action.
Meanwhile, Howden has also filed a motion to dismiss the Delaware case.
Delaware Court’s Decision
The Delaware Court granted expedited consideration for Howden’s motion to dismiss but set a briefing schedule that allows the New York court to first reach its decisions. The court emphasized the importance of “maximum visibility” into those rulings before proceeding further in Delaware.
As a result, Marsh’s request for a TRO is being held “in abeyance” until after the September 4 hearing in New York. The Delaware court criticized Marsh for not disclosing the risk of conflicting rulings across jurisdictions, noting concerns about comity, judicial efficiency, and avoiding inconsistent outcomes.
Next Steps
The upcoming September 4 hearing in New York will play a key role in shaping how the Delaware proceedings advance. Until then, the Delaware court has put a hold on immediate injunctive relief. Marsh has declined to comment on the Delaware court’s order.
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