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New York Non-Compete Agreements

This category contains 7 posts

More Non-Compete Nonsense: Journalist Fired in Non-Compete Debacle

Last week, the Wall Street Journal ran a story about non-compete agreements making it difficult for younger journalists to get new jobs and move up in the news world. The article focused substantially on a young journalist named Stephanie Russell-Kraft who moved from Law360 to Thomson Reuters. Shortly after beginning work at Thomson Reuters, her … Continue reading

Merger Discussions & Non-Compete Agreements: A Recent Case from the EDNY

A recent case out of the Eastern District of New York raises interesting questions about the use of non-compete agreements in connection with merger talks. Let’s take a look: Calico Cottage, Inc. is a New York company engaged in the wholesale fudge business. That’s right. Calico sells both the ingredients needed to make fudge, fudge … Continue reading

Mister Softee vs. Master Softee: Non-Compete & Trademark Ice Cream Fight in the SDNY

Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980’s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and ultimately controlled sixteen Mister Softee franchises with a territory spanning parts of Bronx, New York and Queens Counties. At … Continue reading

New York Court Calls Florida Non-Compete Laws “Truly Obnoxious” to New York Public Policy

A recent appellate decision out of New York raises some interesting issues for Florida employers and their out-of-state employees. The facts of the case are not extraordinary: Brown and Brown, Inc. (BBI), a Florida company, has subsidiaries throughout the country. One of its subsidiaries, Brown and Brown of New York, Inc. (BBNY), hired Theresa Johnson … Continue reading

Non-Competes, Stock Agreements & Escape Clauses – A Recent Case from the NDNY

A recent decision out of the Northern District of New York is a fantastic example of the thorough, methodical process all courts should bring to the analysis of non-compete claims.  The decision also provides a wealth of useful information about defending non-compete claims under New York law.  Let’s take a look: Two companies, DS Parent, … Continue reading

NY Appellate Court Holds Rescission of Stock Options Can Be Remedy for Non-Compete Breach

A recent decision out of New York’s Appellate Division, Fourth Department, raises the interesting consideration of non-compete agreements and rescission.   The case apparently has been in litigation for several years, but the recent appellate decision is worth a look. Back in 2004, Richard Smith left a company called Lenel Systems, which develops, manufactures and sells … Continue reading

SDNY Reaffirms: New York Non-Competes Void Where Employee Terminated Without Cause

Every once in a while, there is some good (i.e. pro-employee) news on the non-compete front.  Such is the case this week with a recent decision out of the Southern District of New York.  A federal court has just reaffirmed the long-standing rule that under New York state law, an employee who is terminated without … Continue reading

Not in Florida?

Need a non-compete or trade secret attorney somewhere other than Florida? I have relationships with non-compete and trade secret attorneys throughout the country. Call my office at 954-332-2380.

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