NY Court of Appeals Clarifies Circumstances Triggering Liability Arising From...
In Bessemer Trust Co., N.A. v. Branin (decided April 28, 2011), the New York Court of Appeals addressed the following question, which was certified to it by the U.S. Court of Appeals for the Second...
View ArticleCourt Invalidates Non-Competition Covenant
The court’s decision in Eyes of the World, Inc. v. Boci illustrates yet again the difficulties faced by a party who attempts to enforce a restrictive employment covenant, which are disfavored if too...
View ArticleCourt Enforces Non-Solicitation, But Not Non-Competition, Employment Contract...
The New York Supreme Court (New York County) addressed, in OTG Management, LLC v. Konstantinidis, the propriety of injunctive relief in the restrictive covenant context. The court upheld an employment...
View ArticleCourt Rejects Employer’s Request for Preliminary Injunction Against Departing...
In a decision illustrating New York’s strong public policy favoring an employee’s right to earn a living free from contractual restrictions, an upstate New York federal court recently rejected a...
View ArticleCourt Explains the “Employee Choice Doctrine” Relating to Non-Competition...
In International Business Machines Corporation v. Naganayagam, 2017 WL 5633165 (S.D.N.Y. Nov. 21, 2017), the court explained and applied the “employee choice doctrine” pertaining to restrictive...
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