Reed Elsevier Inc. has failed to get a preliminary injunction to stop one of its former top technology executives from working for TransUnion Holding Co. Inc. On Thursday Manhattan U.S. District Judge P. Kevin Castel held that a 31-month noncompete covenant asserted by Reed Elsevier is unreasonable and unenforceable under New York law.

The dispute arose after TransUnion hired former Reed Elsevier executive Armando Escalante last month. Escalante had been a chief technology officer at Reed Elsevier’s Lexis Nexis risk solutions division, which he left in April 2012. He joined consumer credit bureau TransUnion when it bought the assets of bankrupt company TLO, where Escalante worked starting in July 2013.