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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Why Workforce Mobility Act's Noncompete Ban Fails - BadlyCongress's recently proposed Workforce Mobility Act which, if adopted would presumptively outlaw non-competes nationwide, is doomed to fail. Here's why.
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One Area Where Courts Will Favor - and Enforce - NoncompetesAlthough, as a general rule, courts disfavor enforcing non-competes, there is one glaring exception to that rule - the area of franchise agreements
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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
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Vermont Draft Bill Seeks to Outlaw Nearly All Non-CompetesVermont 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
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In Rare Move, Court Strikes Down Non-Compete From the Get-GoIt'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
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When Case Developments Make You Look Smarter Than You Are3 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
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NJ Bill Proposes Very Strict Limits on Non-CompetesA 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.
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Why Yesterday's IBM v. Microsoft Non-Compete Suit is InaneYesterday, IBM sued Microsoft for poaching its chief diversity officer, Lindsay-Rae McIntyre, in violation of her non-compete with IBM. The lawsuit is inane.
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Why This Proposed Non-Compete Legislation is So MisguidedA new proposed bill seeking to outlaw non-compete agreements in limited circumstances is terribly misguided, explains NY non-compete attorney Jonathan Cooper
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With Non-Competes, Choose to Win the War, Not the BattleFollowing a two-day hearing in a bet-the-business case, we successfully resolved a non-compete case for our clients by focusing on their long-term plans
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PA Court: Noncompete Only Starts to Run from InjunctionIn a huge decision, a Pennsylvania appeals court ruled that the clock on a former employee's non-compete started to run from the date of the court's injunction
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No, My Firm's Fees on Noncompetes Are Not an Opening BidIn law, just as in any other business, it's important to know when to push a client away. And that's precisely what happened to me yesterday. And I was happy.