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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When Employees Can (& Can't) Be Forced to Sign a Non-CompeteDifferent jurisdictions follow different competing policy arguments as to why (or why not) existing employees can be compelled to sign a non-compete
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Can a Doctor Be Held to a Non-Compete in New York?For years now, there has been great disagreement between the various states as to whether patient choice should trump a doctor's non-compete agreement
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NY Federal Judge Lays Out Blueprint for Defeating Non-CompetesIn an epic takedown of a company's claim that departing employees violated their non-competes, a NY Federal judge laid out a blueprint for how to beat them.
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8th Circuit: Noncompete for Independent Contractor Went Too FarA hot off the presses decision from a Federal appeals court in Iowa held an independent contractor's non-compete was manifestly unreasonable, dismissing the case
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The Biggest Mistake You Can Make When Negotiating ContractsThere is one, overriding, all-encompassing, unfortunate mistake that companies & individuals miss when negotiating contracts - and it's largely avoidable.
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Plaintiff's Noncompete Case Had Huge Holes. It (Almost) Didn't Matter.One of the most frequently overlooked aspects of a lawsuit is that fundamental question as to how likeable - or un-likeable - a client is to a court or jury
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Court: Just Because Non-Compete Says It Doesn't Make it SoA recent decision from a Massachusetts trial court declining to issue a TRO barring a former employee from taking a new job is instructive for employers
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Can Existing Employees Be Forced to Sign Non-Competes in NY?The answer as to whether an employer can force their employees to sign a non-compete mid-stream is a bit complicated, and depends on your jurisdiction
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The 3 Best Ways to Protect Trade Secrets When Employees LeaveThere are 3 practical, easily implemented strategies for protecting your trade secrets against unfair use by competitors, explains Jonathan Cooper
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NY Appeals Court: Firing Without Cause Vitiates Non-CompeteIn a recent decision, one of NY's appellate courts weighed in on whether firing an employee without cause inherently vitiates their non-compete
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Is a Non-Solicit Clause Synonymous with a Non-Compete?In a hot-off-the-presses decision striking down a noncompete, a Wisconsin appeals court broadens the term far beyond how it's been understood elsewhere, like NY
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Did AG Schneiderman Go Too Far in Jimmy John's Noncompete Fight?On June 22, AG Schneiderman issued a press release touting the settlement he reached with Jimmy John's over their non-competes. But did he go too far?