Non-Compete

Are Non-Compete Agreements Assignable?

This is not a question that comes up very often. But, earlier this year, Monroe County Supreme Court denied a motion for preliminary injunction where there was a sharp factual dispute over this issue. In this case, an employee signed an agreement containing a non-compete clause shortly after being hired. The agreement lacked some of the typical boilerplate language, including a clause…

Peter J. Weishaar

When Can Courts Partially Enforce Non-Compete Agreements?

Restrictive covenants in employment—also referred to as non-compete clauses—are generally not favored. However, they will be enforced by the courts to the extent they are reasonable…

Court of Appeals: Florida Choice-of-Law in Non-Solicitation Agreement is Unenforceable

Last week, we wrote an article about some recent developments regarding partial enforcement of restrictive covenants: New York Employers Could Soon Have More Difficulty Enforcing Restrictive…

New York Employers Could Soon Have More Difficulty Enforcing Restrictive Covenants

Earlier this Spring, the New York Court of Appeals heard oral argument in Brown & Brown, Inc. v. Johnson, a case that could make it harder for employers to obtain partial enforcement of…

When is it Improper for the Seller of a Business to Solicit his Former Customers?

The purchaser of business goodwill will often require the seller to enter into an express "covenant not to compete" prohibiting the seller from engaging in the type of business that he sold. The…