In today’s competitive business landscape, companies often seek to protect their proprietary information, customer base, and trade secrets through legal agreements. Three common types of such agreements are non-compete, non-solicitation, and nondisclosure agreements. While these agreements are valuable tools for businesses, their enforcement, and interpretation can sometimes lead to disputes and legal complexities. The experienced New York commercial litigation attorneys at Levy Goldenberg LLP are able to help you navigate through these disputes.
Non-Compete Agreements in New York
Non-compete agreements are contracts that restrict employees from working for a competitor or starting a competing business for a specified period after leaving their current employer. In New York, these agreements must be reasonable in scope, time, and geographic area to be enforceable.
Non-compete agreements must strike a balance between protecting a company’s interests and not unreasonably limiting an individual’s right to earn a living. Our attorneys can help employers understand the limits of enforceability and assist employees in challenging overly restrictive or unfair agreements. Our attorneys also work with employees who operate under a non-compete agreement, helping to preserve employee rights and ensure that career opportunities are not unduly restricted.
Non-Solicitation Agreements
Non-solicitation agreements prevent employees from soliciting or poaching clients, customers, or employees from their former employer. These agreements safeguard a company’s relationship with its clientele and preserve its workforce.
Non-solicitation agreements can also have significant implications for employees, as it is a form of restrictive covenant that can impact future career opportunities. Our experienced attorneys can address your concerns about professional mobility and earning potentials while operating under a non-solicitation agreement.
Non-Disclosure Agreements
Non-disclosure agreements (NDAs) are essential tools for protecting a company’s confidential information and trade secrets. These agreements prohibit employees from sharing proprietary data with others, ensuring the confidentiality of vital business information. Our attorneys can help businesses or employers draft comprehensive NDAs that address specific concerns while adhering to legal requirements.
Employee’s rights and interests under an NDA must be protected. Disputes over the scope of confidential information or alleged breaches of NDAs can be complex. It is important that both employers and employees alike work with experienced attorneys in crafting and understanding their rights under such an agreement.
Are Non-compete Agreements Enforceable in New York?
Non-compete agreements are generally unenforceable in New York for most employees. A sweeping new law passed in June 2023 prohibits employers from requiring or enforcing non-compete clauses, with limited exceptions for specific industries and executive positions. So, unless your situation falls under one of these narrow exceptions, a non-compete agreement would likely be invalid in New York. It is always important to speak with a qualified attorney about your case.
Contact Our Experienced Non-Compete Agreement Attorneys
Levy Goldenberg LLP, New York’s leading commercial litigation firm, has an impressive track record representing businesses and individuals in non-compete, non-solicitation, and non-disclosure agreement enforcement. Commercial litigation involves complex factual and legal issues, and an unfavorable outcome can jeopardize your business. The best way to protect your interests is to have the informed representation Levy Goldenberg provides. Contact our Manhattan office today to get started with a seasoned commercial litigation attorney.