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How Breach of a Non-Compete Can Sustain Both Fraud & Breach of Contract Claims in NY

In GoSmile, Inc. v. Levine, a decision that was handed down on December 21, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) was confronted with the following question:  “whether a plaintiff is permitted to assert claims for both fraud and breach of contract, where the fraud claim is based upon [...]

In NY, How Far Can You Go to Help Your New Employer Solicit Your Old Clients?

That’s exactly the question that was recently posed, or in legal terms, “certified,” to New York State’s highest court by the Federal system’s Second Circuit Court of Appeals. In Bessemer Trust Company, N.A. v. Branin, the plaintiff sued one of its former executives in federal court for damages they allegedly sustained when he solicited his [...]

When NY Employers Condition Receipt of Post-Employment Benefits on a Non-Compete

As you may be aware, it has become increasingly common for employers to condition their employees’ receipt of post-employment benefits upon the employees’ agreement to abide by a strict non-compete clause.  So here’s the question (which, unfortunately, occurs altogether too frequently): what if the non-compete is unreasonably and unduly restrictive (i.e., prevents you from using [...]

When NY Courts Will Uphold Non-Compete Clauses – No Matter How Unreasonable

There is an extremely important exception to the New York Courts’ express disfavor for non-compete agreements: the employee choice doctrine. Under this exception to the rule, the employer is permitted to make the employee’s right to receive post-employment benefits contingent upon the employee’s agreement to abide by a non-compete agreement. The reason that this practice [...]

Is My Non-Compete Agreement Enforceable Under New York law?

In the wake of the massive layoffs of the last few years, I’ve been asked this question an awful lot. (If you’re looking for a link to what a typical non-compete clause looks like, keep reading). Fortunately, the Court of Appeals – New York State’s highest court, has written rather extensively on the subject. In [...]

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