Allyn & Fortuna LLPPaula Lopez, March 10, 2017. In a recent appeals decision, New York’s Appellate Division, First Department (which hears appeals from lower courts in New York County and Bronx County) affirmed a lower court’s denial of an application for a preliminary injunction to enforce non-compete and non-solicitation provisions included in employment agreements entered into between the plaintiff’s predecessor and its employees. Critical to the court’s holding was its finding that an employer must demonstrate a “continued willingness to employ the employees” if it seeks to enforce such restrictive covenants….
Paula Lopez, August 7, 2015. In Brown & Brown v. Johnson, the New York Court of Appeals (New York’s highest court) rejected a choice of law provision contained in an employment agreement that designated Florida law as the law governing the agreement because it found that Florida’s employer-friendly approach in enforcing employment-related restrictive covenants is contrary to New York’s public policy. A choice of law provision in an agreement allows parties to agree that a particular state’s laws will be used to interpret the agreement regardless of where…