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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The Single Most Important Way to Avoid Being Sued Over a NoncompeteIf 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 it
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NY Court: Being Fired Without Cause Doesn't Inherently Render Non-Compete UnenforceableA few months ago, an upstate NY appeals court held - among other things - that a termination without cause doesn't automatically vitiate a noncompete clause
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Rhode Island Legislature Enacts Ban on Noncompetes for Low-Wage EmployeesIn 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 law
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New Bi-Partisan Bill Seeks a Federal Ban on Non-CompetesThe 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.
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Former Employer's Non-Compete Case Immediately DismissedIn a rare decision, an Illinois appeals court affirmed a trial court's outright dismissal of a non-compete case - before an answer was filed
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We Need a Real, Loud, Obnoxious !*?/* Attorney for Our Non-Compete CaseTo 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.
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Former Employer Gets TRO in NY Federal Court for Employee's Breach of a Non-SolicitAn 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 breach
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State of Maryland Finally Passes Partial Non-Compete BanEffective October, 2019, Maryland will join the ranks of other states that ban noncompete agreements for low-wage employees. But the ban is narrowly tailored
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The Test for When NY Courts Will Uphold Liquidated Damages for Breach of a Non-CompeteThere 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
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Appeals Court: In Some Cases, Employer Can Recover Legal Fees - Even if They LoseA 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
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Do the Courts Consider 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?
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Effective January 1, 2020, Washington's Bill Restricting Non-Competes Became LawEffective January 1, 2020, Washington State's non-compete agreements are undergoing a major overhaul. Some are outlawed, others restricted, and more.