Non Competition

A Non-Compete agreement or covenant not to compete usually involves an agreement in which one party (often the employee) agrees not to work in a similar profession, trade or field in competition against the other party (often the employer).

Valued employees and upper level executives are usually asked to execute non-compete agreements at some point prior to or during their employment. The terms of non-compete agreements document how one can conduct business with competitors of their current or former employer. Non-compete agreements usually contain provisions that the employee will not engage in certain employment or activities within a specified geographic area for a specified period of time from termination of employment.

New York law requires that the time and geographic restriction in the non-compete agreement be reasonable and not unduly burdensome upon the employee. The New York courts will not allow an overly restrictive agreement to be enforced so as not to hinder a person’s ability to work within their profession.

Businesses are constantly competing to attract and retain top talent. A good employer is a aware that they must attract, nurture and protect their most valuable assets. In this struggle companies face pressure from competitors looking to hire away top employees who may have the ability to bring in clients and even have access to their prior employers proprietary information.

Since our inception Non-Competition, Non-Solicitation and Non Disclosure litigation have been a major part of our practice. Our team of Non-Competition, Non-Solicitation and Non Disclosure agreement experts have created, advocated and litigated on behalf of clients on both sides of the non-compete spectrum from professionals and executives branching out and becoming entrepreneurs to companies attracting key talent in need of advice and protection.

Recently our firm successfully tried a case on behalf of an employee against her former employer who initiated and would not discontinue litigation on an unconscionable and unduly burdensome Non-Competition, Non-Solicitation and Non Disclosure agreement with the sole purpose of attempting to prevent her from earning a living in her profession. Our firm’s decision in Eyes of The World v Boci was publicized in The New York Law Journal and in The National Law Journal article WAX THIS!. Below is a series of links providing analysis on this case in various legal news sources.

The New York Law Journal
The National Law Journal
Martin Dale
New York Employment Lawyer Blog
Labor & Employment Law Blog

Our firm also represented a financial advisor opening up his own practice in Manhattan. After refusing to execute a non-compete agreement, his former employer, a very sophisticated and large institution initiated a law suit in New York Supreme Court alleging that this advisor misappropriated company trade secrets, specifically, client lists. The former employer alleged that the advisor was contacting and soliciting the employers clients. The employer could not prove its claim. Additionally the employer did not have a non-compete with its advisor as he refused to execute one initially due to his high demand in the industry. The matter was discontinued.

Pardalis & Nohavicka, LLP is a New York City commercial and business law firm specializing in Non-Competition, Non-Solicitation and Non Disclosure agreement cases. In the Federal Trial Courts as well as the Trial Courts for the City and State of New York. Feel free to contact our trial team with any questions at 718.777.0400 or by E-mail.

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