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New York Non-Compete Litigation Blog


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11/3/2017
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When Employees Can (& Can't) Be Forced to Sign a Non-Compete

Different jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete

Category: Non-Compete & Employment Agreements

11/3/2017
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Can a Doctor Be Held to a Non-Compete in New York?

For years now, there has been great disagreement between the various states as to whether patient choice should trump a doctor's non-compete agreement

Category: Non-Compete & Employment Agreements

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8/15/2017
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NY Federal Judge Lays Out Blueprint to Defeat a Non-Compete

In an epic takedown of a company's claim that departing employees violated their non-competes, a NY Federal judge laid out a blueprint for how to beat them.

Category: Non-Compete & Employment Agreements

8/8/2017
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8th Cir.: Independent Contractor's Non-Compete Went Too Far

A hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case

Category: Non-Compete & Employment Agreements

7/1/2017
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The Biggest Mistake You Can Make When Negotiating Contracts

There is one, overriding, all-encompassing, unfortunate mistake that companies & individuals miss when negotiating contracts - and it's largely avoidable.

Category: Non-Compete & Employment Agreements

5/15/2017
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The Noncompete Case Had Huge Holes. It Almost Didn't Matter

One of the most frequently overlooked aspects of a lawsuit is that fundamental question as to how likeable - or un-likeable - a client is to a court or jury

Category: Non-Compete & Employment Agreements

5/9/2017
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Court: Just Because Non-Compete Says It Doesn't Make it So

A recent decision from a Massachusetts trial court declining to issue a TRO barring a former employee from taking a new job is instructive for employers

Category: Non-Compete & Employment Agreements

3/31/2017
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Can Existing Employees Be Forced to Sign Non-Competes in NY?

The answer as to whether an employer can force their employees to sign a non-compete mid-stream is a bit complicated, and depends on your jurisdiction

Category: Non-Compete & Employment Agreements

3/30/2017
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3 Best Ways to Protect Trade Secrets When Employees Resign

There are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan Cooper

Category: Non-Compete & Employment Agreements

1/26/2017
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NY Appeals Court: Firing Without Cause Vitiates Non-Compete

In a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-compete

Category: Non-Compete & Employment Agreements

8/23/2016
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Is a Non-Solicit Clause Synonymous with a Non-Compete?

In a hot-off-the-presses decision striking down a noncompete, a Wisconsin appeals court broadens the term far beyond how it's been understood elsewhere, like NY

Category: Non-Compete & Employment Agreements

6/27/2016
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Did Schneiderman Go Too Far in Jimmy John's Noncompete Fight

On June 22, AG Schneiderman issued a press release touting the settlement he reached with Jimmy John's over their non-competes. But did he go too far?

Category: Non-Compete & Employment Agreements

5/20/2016
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New WH Report Signals Changes to Non-Competes Are Coming

A May, 2016 report from the White House lays out in broad terms its view on how the states should impose further limits on non-competes, says Jonathan Cooper

Category: Non-Compete & Employment Agreements

3/30/2016
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How One State Nails Employers Who Go Too Far on Non-Competes

One State just passed legislation that truly sticks it to employers who are overly aggressive with their non-competes, explains NY attorney Jonathan Cooper

Category: Non-Compete & Employment Agreements

3/10/2016
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Does Bankruptcy Immunize Company From Non-Compete Claims?

When OfficeMax and A & P squared off over a senior level employee's non-compete, Court was called to address whether bankruptcy rendered the case moot

Category: Non-Compete & Employment Agreements

3/1/2016
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How Employee Recovered Commissions Earned Post-Termination

A poorly drafted employment agreement allowed a former employee's claim to recover commissions that were earned post-termination to survive dismissal

Category: Non-Compete & Employment Agreements

2/22/2016
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When a NY Company's Ability to Fire At Will Goes Too Far

New York's Court of Appeals' dismissal of a wrongful termination/breach of contract claim by a compliance officer in Sullivan v. Harnisch is troubling.

Category: Non-Compete & Employment Agreements

2/8/2016
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Is My Non-Compete Agreement Enforceable Under New York law?

In response to the significant number of times I've been asked this question, here's a summary of what New York's highest court has said on the subject

Category: Non-Compete & Employment Agreements

1/27/2016
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DOJ: Non-Compete Agreements in Hi-Tech Sector Go Too Far

NY non-compete lawyer Jonathan Cooper law explaining non-compete agreements and non-solicitation agreements in New York

Category: Non-Compete & Employment Agreements

1/26/2016
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When a NY Court Will Enforce a Noncompete - and Grant a TRO

NY non-compete lawyer Jonathan Cooper explains why the lawsuit with Microsoft suing Salesforce.com for a non-compete clause would told tight with NY law.

Category: Non-Compete & Employment Agreements

1/20/2016
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How an Employee Manual's Whistleblower Clause Was Worthless

A NY trial court's decision to dismiss a bank employee's breach of contract & wrongful termination claim serves a clear warning to at-will employees everywhere

Category: Non-Compete & Employment Agreements

1/11/2016
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Courts Push Promising New Tool to Reduce E-Discovery Costs

Federal courts have started to promote a promising technology that should reduce significantly litigants' electronic discovery costs, explains Jonathan Cooper

Category: Non-Compete & Employment Agreements

1/1/2016
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When NY Courts Will Uphold Non-Compete Clauses - No Matter How Unreasonable

There is an extremely important exception to the New York Courts' express disfavor for non-compete agreements: the employee choice doctrine.

Category: Non-Compete & Employment Agreements

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1/1/2016
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When NY Employers Condition Receipt of Post-Employment Benefits on a Non-Compete

As you may be aware, it has become increasingly common for employers to condition their employees' receipt of post-employment benefits upon the employees' agreement to abide by a strict non-compete clause.

Category: Non-Compete & Employment Agreements

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1/1/2016
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How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY Law

Consider the following hypothetical scenario: Jim is hired by ABC Stores as Executive VP of Sales and Marketing.

Category: Non-Compete & Employment Agreements

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