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While many jurisdictions express a general disfavor of restrictive covenant agreements (non-competition, non-solicitation, and non-service agreements), recent court cases teach us that such agreements are alive and well in most jurisdictions and will be enforced when they are narrowly tailored to serve an employer’s legitimate business interests. Maryann C. Stallone, Partner and Commercial Litigator in Tannenbaum Helpern’s Litigation & Dispute Resolution practice, and Marisa B. Sandler, employment attorney and litigator in Tannenbaum Helpern’s Employment practice, will discuss the high profile case involving bridal company JLM Couture and Say Yes To The Dress star and wedding dress designer Hayley Paige Gutman, particularly focusing on the Second Circuit’s decision which affirmed a preliminary injunction to enjoin, inter alia, Gutman from competing with JLM through the end of her contractual term based on her employment agreement. They will also discuss certain key drafting and enforcement considerations when entering into restrictive covenant agreements in New York, as well as related legal doctrines, such as the duty of loyalty (and faithless servant doctrine) and unfair competition.
- Learn crucial provisions that every restrictive covenant agreement should contain - 15 minutes
- Identify key provisions and circumstances that bear on enforceability of restrictive covenant agreements, including narrowly tailoring such agreements to serve the employers’ legitimate business interests (e.g., confidential and proprietary information and goodwill, etc.) - 25 minutes
- Understand the interplay between contractual obligations and common law obligations, which exist independent of any restrictive covenant agreement and can give rise to independent causes of action - 20 minutes