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Non-Compete Blog

Posts from June 2015.

The enforceability of restrictive covenants depends, to some degree, on which State’s law applies to an employment agreement. Many employment contracts have a choice-of-law provision, but a recent case from New York’s highest court makes clear that the parties’ choice of law will not always be honored.

By Michael A. Naclerio and Richard M. Reice

Employers often include restrictive covenants in their employment agreements in an effort to protect investments in employees, trade secrets, and customer information. These covenants can restrict a former employee’s ability to work for competitors, prevent solicitation of past clients, and otherwise limit the former employee’s labor rights. This post surveys how courts in New York, Connecticut, and New Jersey have enforced restrictive covenants in 2014 and early 2015.

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