Browse our blog posts on New York non-compete agreement infromation.
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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
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How Ambiguous Noncompete Agreements Can Jack Up Your Legal Bills (Among Other Things)A May 18, 2022 decision from a PA federal court serves as a cautionary tale as to why you don't want your noncompete agreements to be ambiguous