New York Non-Compete Litigation Blog
Browse our blog posts on New York non-compete agreement infromation.
12/21/2020
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DC on Cusp of Enacting Broadest Noncompete Ban in the Nation
Just last week, DC's council passed the Ban on Non-Compete Agreements Act of 2020, which proposes to nullify even those agreements that disallow moonlightingCategory: Non-Compete Agreements
11/13/2020
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Non-Compete Changes to Expect Under a Biden Administration
Assuming the 2020 election results aren't overturned, and Joe Biden becomes the next POTUS, some significant changes to non-compete law may be comingCategory: Non-Compete Agreements
11/6/2020
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The Limited Case Where NY Lawyers Can Be Held to a Noncompete
Yes, the general rule in NY is that lawyers can't be held to a non-compete. But the Court of Appeals has acknowledged a rare exception to that rule.Category: Non-Compete Agreements
9/10/2020
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The Difference Between Breach of Fiduciary Duty and Contract
An August 31 decision out of a Delaware court serves as a pointed reminder on the critical distinction between a claim for breach of fiduciary duty and contract
Category: Non-Compete Agreements
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8/25/2020
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How Forwarding Work Info to a Private Email Exposes Employee
A recent decision from a New Jersey Federal Court highlights the dangers posed by forwarding or downloading work information to a private account
Category: Non-Compete Agreements
8/13/2020
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Getting a TRO Against a Rogue Employee, Without Firing a Shot
Just yesterday, we were fortunate to secure a TRO against our client's former employee who had gone rogue - without even needing to argue it before the CourtCategory: Non-Compete Agreements
6/15/2020
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How to Secure a TRO in the Age of Coronavirus
Last week, we were fortunate to secure a TRO from a NY trial judge against a former employee who was (allegedly) soliciting clients and prospects.Category: Non-Compete Agreements
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4/29/2020
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Will NY Courts Enforce Noncompetes in the Midst of COVID-19?
In light of the rash of layoffs secondary to coronavirus, many employees and employers alike are wondering whether the noncompetes they signed are enforceableCategory: Non-Compete Agreements
1/29/2020
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When the Evidence and Witnesses Are Located Overseas
What are you supposed to do when the evidence and witnesses you need are located overseas? We recently had that very issue, and needed the Court's help.Category: Non-Compete Agreements
1/28/2020
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What Happened When an Ex-Employee Was Caught Violating TRO
Recently, an ex-employee was caught red-handed violating a court order barring him from soliciting his former employer's clients.Category: Non-Compete Agreements
12/12/2019
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The Best Way to Avoid Being Sued Over a Noncompete
If I had to boil it down to the single, most important way to minimize the risk of being sued over a noncompete, this would be itCategory: Non-Compete Agreements
11/18/2019
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NY Court: Fired Without Cause Doesn't Negate Noncompete
A few months ago, an upstate NY appeals court held - among other things - that a termination without cause doesn't automatically vitiate a noncompete clauseCategory: Non-Compete Agreements
11/6/2019
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Rhode Island Bans Noncompetes for Low-Wage Employees
In January 2020, Rhode Island's new law banning non-competes for low-wage workers is set to go into effect. But there are some interesting carve-outs in the lawCategory: Non-Compete Agreements
10/24/2019
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New Bi-Partisan Bill Urges Federal Ban on Non-Competes
The Workforce Mobility Act, which was recently introduced in the Senate, seeks to ban, or drastically curtail, non-compete agreements. But it goes way too far.Category: Non-Compete Agreements
10/10/2019
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Former Employer's Non-Compete Case Dismissed Out of the Gate
In a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filedCategory: Non-Compete Agreements
9/4/2019
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We Need a Real !*?/* Attorney for Our Non-Compete Case
To be clear, It's not limited to non-compete cases; clients tend to think that being a bigger jerk means better results in litigation. It's just not true.Category: Non-Compete Agreements
8/23/2019
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Former Employer Gets TRO for Employee's Non-Solicit Breach
An August 1, 2019 decision from a NY federal court lays out the blueprint for how and why a former employer succeeded in seeking a TRO for a nonsolicit breachCategory: Non-Compete Agreements
8/5/2019
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Maryland Finally Pulls Trigger on Partial Non-Compete Ban
Effective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailoredCategory: Non-Compete Agreements
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 wayCategory: Non-Compete 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 loseCategory: Non-Compete 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 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 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 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 caseCategory: Non-Compete 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 courtCategory: Non-Compete Agreements