After a financial services salesperson resigned and took a chunk of his employer’s database with him, HNRK successfully argued to an arbitrator acting under the American Arbitration Association’s Optional Rules for Emergency Measures of Protection, that he should award injunctive relief against the use andRead More
In a recent non-compete case filed in the New York Supreme Court in Suffolk County, Long Island, the court was none too protective of two employees accused of violating their employment agreements, denying their motion to dismiss their former employer’s complaint. In Frontiers Unlimited LLCRead More
A recent New Jersey Appellate Court, considered this question and the issue of when is a confidentiality agreement so broad as to be, in effect, a non-compete provision that precludes an ex-employee from working in their chosen profession. In UCB Manfacturing, Inc. v. Tris Pharma,Read More
A recent case in Supreme Court, New York County, addressed the issue of whether the services provided by the employee to be enjoined were unique such that an injunction was warranted. In OTG Management, LLC v. Konstantinidis, 967 N.Y.S.2d 823 (N.Y. Sup. Ct. 2013), aRead More
As courts historically have disfavored broad restraints on competition, judges tend to strictly scrutinize restrictive covenants when employers seek to enforce them. See BDO Seidman v. Hirshberg, 93 N.Y.22d 382, 389 (N.Y. 1999). For a quarter of a century, courts in New York adhered toRead More