X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Discussions of restrictive covenants ancillary to an employment contract often begin and end with non-competition clauses, which prohibit employees from competing against the employer during and for some time after their employment. There are, however, a variety of other restrictive covenants that offer different and, in some ways, more useful protection for employers.

Most prominent among these is what is commonly termed a “non-solicitation” clause, which prohibits former employees from soliciting and attempting to attract business from their former employer’s customers and prospects. Just this year, the scope and enforceability of non-solicitation clauses was given extended analysis by the New York Court of Appeals, that state’s highest court, in BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999). By extending judicial enforceability to such clauses in certain circumstances, the BDO Seidman decision brought New York in line with a growing trend among the states and is a useful gauge of what non-solicitation clauses can achieve — and what they cannot.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.