Do You Need a New York Non-Compete Attorney?
Cantrell Zwetsch is one of few law firms that focuses its practice on competition law, which includes providing counseling and litigation services relating to non-compete, non-solicit, and non-disclosure agreements (commonly referred to collectively as restrictive covenants). Simply put, we know New York non-compete law backwards and forwards. If you are considering a New York non-compete attorney, please give us a call at (800) 698-6650. Below are examples of common questions and requests we regularly receive about restrictive covenants from companies and individuals.
Non-Compete, Non-Solicit, and Non-Disclosure Agreements in New York
Companies regularly rely on the firm to address the following types of New York restrictive covenant issues:
- Drafting employment agreements, independent contractor agreements and restrictive covenants.
- Strategizing on the choice of law and venue selection provisions for multi-state employers, as court enforcement of non-competes can vary significantly from state to state.
- Providing practical guidance to companies on active steps they can take to ensure restrictive covenants remain enforceable.
- Assessing whether restrictive covenants were violated or trade secrets were misappropriated.
- Determining whether an employee or contractor was, as a legal matter, terminated voluntarily or involuntarily. Under New York law, this makes a difference on the enforceability of a non-compete agreement.
- Providing guidance on detecting theft of proprietary business information.
- Counseling businesses on hiring individuals who have restrictive covenants or possess proprietary business information.
- Prosecuting and defending claims of violating a non-compete or non-solicit, trade secret actions, and other claims relating to unfair competition including, determining whether a lawsuit is best suited for a particular state or federal court.
Individuals including sales employees and executives regularly rely on the firm to address the following types of New York restrictive covenant issues:
- Whether a non-compete or non-solicit is enforceable in New York and, if so, the extent of its enforceability.
- Whether they were, as a legal matter, considered terminated voluntarily or involuntarily. Under New York law, this makes a difference on whether a non-compete is enforceable.
- Providing guidance on what actions would and would not violate a particular non-compete or non-solicit.
- Whether restrictive covenants (i.e., non-compete, non-solicit, and non-disclosures) are valid in New York if they were not signed until after the employment or contractor position began.
- Whether a restrictive covenant is enforceable in New York if the company an individual worked for was merged with or purchased by another company.
To learn more about the firm’s experience in non-compete matters, please see the firm’s non-compete and unfair competition practice page. As an additional resource, in September 2018, the New York Attorney General issued a Frequently Asked Questions memo concerning the enforceability of non-competes under New York law and provided helpful questions that individuals should consider prior to entering into a non-compete agreement. The FAQ can be found here.
Other Practice Areas
Cantrell Zwetsch is a competition law boutique. As such, the firm must also have subject matter expertise in business litigation and employment law; both of those areas of law are often tied to competition-related disputes. Common examples of competition law issues between companies include allegations of trade secret theft, tortious interference with non-compete and non-solicit agreements, breach of non-disclosure agreements, false advertising claims, internet marketing practices, and trademark infringement. For employees and contractors, typical competition law issues include disputes over non-compete and non-solicit agreements. Please visit the firm’s litigation practice areas for more details on the type of disputes we handle and examples of past results.
What to Look for in a New York Non-Compete Attorney
As a reminder, when looking for a New York state non-compete lawyer, you are encouraged to compare the background of the New York non-compete lawyers you are considering. Apart from subject matter experience, consider the educational background, past results, and what references say about their own experiences. At Cantrell Zwetsch, we are glad to share references, from individual business owners and executives to mid-sized companies and Fortune 500 companies. If you or your company is considering a top New York non-compete attorney, consider Cantrell Zwetsch.
We handle non-compete disputes throughout New York City (including Queens, the Bronx, Manhattan, and Brooklyn) and other cities in New York, including the cities of Hempstead, Buffalo, Rochester, Yonkers, Syracuse, Albany, New Rochelle, Mount Vernon, and White Plains.