How Good Faith Is Implied in Non-Solicitation Agreements Under NY Law

Nearly one year ago, we wrote in general terms about how good faith is implied in New York contracts. This article, however, will focus on the underlying factors that New York’s courts will consider when applying this doctrine to non-solicitation agreements. Fortunately, a hot-off-the-presses decision from New York State’s highest court offers some guidance – [...]

How “Good Faith” Is Implied in New York Contracts

As you may know, under New York law, every contract carries an implied covenant (i.e., promise) of “good faith and fair dealing.” 511 West 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 746 NYS2d 131, 773 NE2d 496. But what on earth does that mean? It’s actually rather tricky; in fact, New York’s [...]