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New York Non-Compete Litigation Blog


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6/18/2019
Jonathan Cooper
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When NY Courts Will Uphold Liquidated Damages by a Noncompete

There are some circumstances when NY's courts will uphold a liquidated damages clause in a non-compete agreement - but it's got to be done the right way

Category: Non-Compete & Employment Agreements

6/13/2019
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By Contract, Employer Can Recover Legal Fees - Win or Lose

A ruling by the 6th Circuit earlier this year held that in a fight over a non-compete, a former employer can recover their legal fees - even if they lose

Category: Non-Compete & Employment Agreements

5/22/2019
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Is Selective Enforcement a Valid Defense in a Noncompete Case?

When departing employees are hit with a cease and desist, they sound a familiar refrain: "But they let Joe go without any problem!" But does that matter?

Category: Non-Compete & Employment Agreements

5/14/2019
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WA State's Bill Restricting Non-Competes Becomes Law

Effective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.

Category: Non-Compete & Employment Agreements

4/2/2019
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Labor Advocacy Group Petitions FTC to Prohibit Non-Competes

In March, 2019, the Open Markets Institute brought a petition to the FTC, asking it to issue a broad ban against non-competes. The FTC has yet to respond.

Category: Non-Compete & Employment Agreements

2/21/2019
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What Can Go Wrong if You Don't Fight a Non-Compete Case

A February 5, 2019 jury award in Miami demonstrates - rather powerfully - what can go wrong if you don't show up to fight a non-compete case

Category: Non-Compete & Employment Agreements

2/18/2019
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NY Court Lays Out Blueprint for Doctors Looking to Compete

Score one for those doctors looking to leave their old medical practices and compete - at least according to a February 7, 2019 decision from a NY appeals court

Category: Non-Compete & Employment Agreements

2/14/2019
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Forbes: Your Company Should End Noncompetes - But Is it True?

A February 13, 2019 Forbes article by German Chastel claims that companies should kill their noncompetes. But does the article make his point, or fall short?

Category: Non-Compete & Employment Agreements

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2/5/2019
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Maybe the Most Important Clause in a Non-Compete Agreement

With the laws regarding non-competes in near-constant flux, you would be downright foolish not to have this clause in your non-compete agreements.

Category: Non-Compete & Employment Agreements

1/28/2019
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When You Can't Recover Legal Fees - Even If Contract Says So

Although contract provisions allowing you to recover your attorneys' fees in the event of litigation are usually enforced, you can go too far and come up empty

Category: Non-Compete & Employment Agreements

1/23/2019
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Why a CA Court Held This Nonsolicit Provision Illegal

A November, 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. confirms why some non-solicit provisions are also invalid in California

Category: Non-Compete & Employment Agreements

1/9/2019
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Mo. Court: Huge Difference Between New & Existing Employees

The Missouri Supreme Court recently set forth their view that there is a big difference between what agreements can be given to new and pre-existing employees

Category: Non-Compete & Employment Agreements

10/24/2018
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How One Missing Non-Compete Provision Cost Employer Millions

A recent decision from a federal appeals court illustrates how a former employer still won big after employees left in droves with clients in tow

Category: Non-Compete & Employment Agreements

8/8/2018
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What's the Worst That Can Happen if You Ignore an Injunction?

A June 25, 2018 Order from a Federal Appeals Court serves as a sharp reminder what can happen if you ignore a trial court's injunctive order

Category: Non-Compete & Employment Agreements

7/23/2018
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Judge Crafts Creative Solution In Issuing TRO on Non-Compete

In a June 29, 2018 ruling, a NY County judge issued a creative, Solomonic ruling that balanced the former employer need for a TRO with plaintiff's need to work

Category: Non-Compete & Employment Agreements

7/18/2018
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New Damages Rule for Trade Secret, Unjust Enrichment Claims

In May, 2018, NY's Court of Appeals altered the rules on how a plaintiff can prove damages in a trade secret theft or unjust enrichment claim. It's a big deal.

Category: Non-Compete & Employment Agreements

6/12/2018
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Why Workforce Mobility Act's Noncompete Ban Fails - Badly

Congress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why.

Category: Non-Compete & Employment Agreements

6/5/2018
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One Area Where Courts Will Favor - and Enforce - Noncompetes

Although, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements

Category: Non-Compete & Employment Agreements

5/14/2018
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Is PA Going to Join States Banning Non-Competes?

PA's House Bill 1938, which was introduced a number of months ago, seeks to ban nearly all non-competes, and to prevent employers from contracting around it

Category: Non-Compete & Employment Agreements

5/10/2018
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-Competes

Vermont Draft Bill H.556 seeks to ban non-competes, other than limited circumstances, such as the sale of a business or the dissolution of a partnership

Category: Non-Compete & Employment Agreements

5/3/2018
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In Rare Move, Court Strikes Down Non-Compete From the Get-Go

It's not every day that you see a court strike down a non-compete in its entirety - and certainly not before discovery. Yet that's precisely what this Court did

Category: Non-Compete & Employment Agreements

3/6/2018
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When Case Developments Make You Look Smarter Than You Are

3 weeks ago, I wrote that IBM's lawsuit against Microsoft was "inane," and should be settled by briefly sidelining Ms. McIntyre. That's exactly what happened

Category: Non-Compete & Employment Agreements

3/6/2018
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NJ Bill Proposes Very Strict Limits on Non-Competes

A few months ago, NJ's legislature proposed some of the strictest limits on non-compete agreements in the country. These bills do raise lots of questions.

Category: Non-Compete & Employment Agreements

2/13/2018
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Why Yesterday's IBM v. Microsoft Non-Compete Suit is Inane

Yesterday, IBM sued Microsoft for poaching its chief diversity officer, Lindsay-Rae McIntyre, in violation of her non-compete with IBM. The lawsuit is inane.

Category: Non-Compete & Employment Agreements

2/12/2018
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Why This Proposed Non-Compete Legislation is So Misguided

A new proposed bill seeking to outlaw non-compete agreements in limited circumstances is terribly misguided, explains NY non-compete attorney Jonathan Cooper

Category: Non-Compete & Employment Agreements