Our blog offers practical insight into New York non-compete agreements, non-solicitation clauses, trade secret disputes, and restrictive covenant litigation. Whether you are an employee planning your next career move or an employer trying to protect client relationships and confidential information, these articles help explain how courts evaluate enforceability, defenses, and remedies in plain English.
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What Can Happen When a Former C-Level Exec Deletes Emails in a Misappropriation CaseIn a September 1 decision, a Delaware trial court handed down a truly stinging ruling holding accountable a former CEO for misappropriating trade secrets
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Holding Noncompete Non-Binding as to Former Execs, Court Dismisses ClaimsIn a rare decision that cited poor contract drafting as the culprit, a Delaware court dismissed claims that former execs breached their noncompete agreements
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True, Lawyers Can't be Held to Noncompetes in NY; But the Rationale for that Rule is Terribly WeakThere is one case where a noncompete agreement is inherently unenforceable under New York law - when it pertains to lawyers. But the reasoning is weak.
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Relying on Circumstantial Evidence, Appeals Court Affirms $1.7MM Award for Violation of NoncompeteCircumstantial evidence, in conjunction with an adverse inference against defendants who had spoliated evidence, was enough to sustain a noncompete judgment
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Ex-Employees Who Diverted Patients to a Competing Entity Hit with $5.2 Million Compensatory & Punitive Damages AwardIn an August 7 decision, a Florida trial court awarded $5.2MM in compensatory and punitive damages against 2 former employees who unlawfully diverted patients
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How Long a Former Employer Can Enforce Confidentiality of its InformationWhile it's well-known that there are fairly strict time limits on restrictive covenants, what about a former employer's confidential or proprietary information?
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Minnesota Joins Noncompete Ban Pool - and Prohibits Choice of Law Workarounds TooAs of July 1, 2023 Minnesota's ban on noncompetes became effective, and for companies with employees residing there, there may not be a simple workaround
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Belk Sues Former CEO and Competitor Gamestop for Trade Secret Theft, Poaching EmployeesSuing its ex-CEO in North Carolina federal court, Belk accused him of using its confidential salary information to entice a slew of employees to join Gamestop
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Federal Judge: No TRO Without Showing Stolen Trade Secrets Were Actually UsedAt a TRO hearing in Federal Court in Georgia on July 12, 2022, the judge denied the ex-employer's TRO request predicated on alleged trade secret theft.
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How Filing a DTSA Lawsuit Without Proper Proof Can Come Back to Bite YouA crucial weapon in pursuing trade secret theft claims is the Defend Trade Secrets Act. But it's a double-edged sword.
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Can Noncompete Agreements Subject Employers to Criminal Exposure?The US Department of Justice brought a criminal action against rival companies based on their use of restrictive covenants, signaling this is just the beginning
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In Stunning Reversal of Trial Court, Appellate Division Issues TRO and Enforces NoncompeteIn a stunning reversal of a trial court, on May 26, 2022, NY's Appellate Division, First Department issued a TRO, enforcing a noncompete on a former executive