Legal Question in Business Law in New York

Re: non-complete/disclosure

Non-compete/disclosure agreements are valid in New York but they must be specific as to time and territory. Otherwise, the agreement may not be valid. What do the terms of your agreement state? Those terms will govern and if they are too restictive, the agreement may be held invalid.

Re: non-complete/disclosure

Your questions cannot be answered without reviewing the actual text of your former employment agreement and/or a separate non-compete/non-disclosure agreement.

However, a few general observations may be of help to you. If a non-compete clause is "reasonable" (looking at its geographic scope, time period and other factors), it is often enforceable, though many non-competes tend to go "overboard" (especially in non-executive, non-ownership employee contexts) and cross the line. Yours also appears to have a non-solicitation clause, which is a slightly different animal. Finally, if you and your new employer already received a letter from your former employer's counsel, you should assume they may be willing to take this further and litigate and draw appropriate conclusions (depending on your new employer's appetite for litigation).

These answers are in the nature of general information, are not legal advice and should not be relied upon as such. If you would like me to review the relevant documents, feel free to give me a call.

Re: non-complete/disclosure

Non-compete clauses are generally legal and enforceable provided they are reasonable in terms of time and scope. I can't answer your questions specifically without going over your specific contract and the allegations of breach. If you'd like please set up an appointment.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.