On November 3, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in First Manufacturing Co., Inc. v. Young, 2014 NY Slip Op. 51562(U), enjoining former employees from carrying on a new business they set up while working for their former employer. In First Manufacturing Co., the plaintiff wholesaler of leather sought... Read more »
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Posts Categorized: Labor and Employment Law
Commercial Non-Compete Agreement Enforced as Written, Including the Injunctive Relief and No-Bond Provisions
On October 2, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in Eric Woods, LLC v. Schrade, 2014 NY Slip Op. 51473(U), granting a preliminary injunction to enforce a commercial non-compete agreement. In Eric Woods, LLC, the plaintiff purchased an Allstate insurance agency from the defendant, including customer files and goodwill.... Read more »
SECOND UPDATE: Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for “emergency” interim relief in a dispute concerning a Deutsche Bank investment advisory team joining the investment advisory and private wealth management firm HPM Partners. Here is an update: There has been little rest for the lawyers engaged in the battle over non-compete clauses and other restrictive... Read more »
UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for “emergency” interim relief in a dispute concerning a Deutsche Bank investment advisory team joining the investment advisory and private wealth management firm HPM Partners. Here is an update: On June 3, 2014, the two most senior departing Deutsche Bank employees, Benjamin Pace and Lawrence Weissman, filed notices of appeal... Read more »
Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur of Clarick Gueron Reisbaum LLP. Last week saw rapid-fire briefing and argument before Justice Marcy Friedman of New York County’s Commercial Division over dueling requests for “emergency” interim relief in a dispute concerning the departure of a Deutsche Bank investment advisory team. Three days after the first action was commenced,... Read more »
Decision Analyzes Limits of Former Employee’s Common Law Obligations to Employer
On April 2, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Freed, Kleinberg, Nussbaum, Festa & Kronberg, MD., LLP v. Nastasi, 2014 NY Slip Op. 30879(U), discussing the duties of employees to their former employer. In Freed, Kleinberg, the plaintiff medical practice sued “[t]he individual defendants” who “were employed by... Read more »
Court Addresses Remedies for Violation of Non-Compete, Non-Disclosure and Non-Solicitation Agreements
On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Admarketplace Inc. v. Salzman, 2014 NY Slip Op. 30813(U), regarding the enforcement of non-compete, non-disclosure and non-solicitation agreements. In Admarketplace, “plaintiff adMarketplace Inc. (AMP) commenced [an] action to enjoin Salzman, a former employee, from working for VSW, a competitor. Salzman was accused of violating... Read more »
Statute of Frauds and At-Will Employment Doctrine Bar Claim for Unpaid Commissions
On March 7, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Niyazov v. Park Fragrance, LLC, 2014 NY Slip Op. 30610(U), holding that a combination of the statute of frauds and the at-will employee doctrine resulted in an employee having no claim based on a unilateral change to his... Read more »
Fourth Department Declares Florida Law Regarding the Enforcement of Non-Compete Agreements Unenforceable on Public Policy Grounds
On February 7, 2014, the Fourth Department issued a decision in Brown & Brown, Inc. v. Johnson, 2014 NY Slip Op. 00822, declaring unenforceable on public policy grounds a Florida statute providing that in determining the enforceability of a non-compete agreement, a court “shall not consider any individualized economic or other hardship that might be caused... Read more »