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New York Appellate Court declines to enforce noncompetes against employees terminated without cause

from JDSupra

A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508, suggests that noncompetition restrictions against employees who have been terminated without cause are unenforceable. The court stated that “covenants not to compete in employment agreements ... are not enforceable if the employer ... does not demonstrate continued willingness to employ the party covenanting not to compete.” more


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