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Law Offices of Jonathan M. Cooper

Q:
I am being sued for breach of a non-compete agreement in New York, but I do not live in the state, what evidence might be helpful to my case?

A:

First and foremost, the party bringing a breach of non-compete suit against you must prove that New York is the proper state in which to bring the action. Generally, this won't be problematic, but there are occasions where it might not be as easy as it may seem. Therefore, in those limited circumstances, one strategy for getting a breach of non-compete claim dismissed is to argue that the forum is inconvenient. To do so, you should assemble the following supporting evidence:

  • The financial, physical, or mental hardship that fighting a breach of non-compete action in New York would create.
  • That there are more convenient or appropriate venues available for bringing the action, i.e., all the witnesses and proof are located in a different venue.
  • That you do not maintain any residence in New York
  • That the non-compete agreement was not signed in New York.
  • That the alleged breach of the non-compete agreement did not take place in New York.

Non-compete claims in New York are complex and require the knowledge of an experienced legal professional. The success or failure of each claim will depend on the unique facts and circumstances surrounding the agreement and the alleged breach. Since the enforcement of a non-compete agreement or the requirement to pay damages if a violation is found can be very costly, it is vital that you have a knowledgeable New York business litigation lawyer in your corner. Call our office today at (888) 497-3410 for a free consultation.