Non-Compete

Capicola Confidential: Secrets of the Sandwich-Maker Revisited

Six years ago, I wrote Capicola Confidential: Secrets of the Sandwich-Maker on my personal blog. At that time, it was widely reported that a large chain of sub shops required its hourly workers to sign non-compete agreements, prohibiting its employees from working for a competitor for two years after leaving employment. According to the New York Times story cited in my post at the time, this…

Peter J. Weishaar

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…

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 restrictive…

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…