Employee Mobility and Restrictive Covenants in New York

Production Date: February 05, 2015 Practice Areas: Contract Law and Labor & Employment Law Estimated Length: 5490 minutes


$ 89 Contract Law and Labor & Employment Law In Stock

A key employee just resigned, took a thumb-drive containing gigabytes of his or her former company’s confidential information, and is now working for its competitor. He or she is contacting customers and is also attempting to hire away employees. If you are the employer, what do you do? What could you have done to prepare for this situation? For the employee, what should he or she have done to position themselves best in the inevitable litigation regarding their actions?


Scenarios like this are occurring with greater frequency now that the job market is improving, talent is highly sought after, and electronic information is easy to take. Gone are the days where paper files locked in a file cabinet offered sufficient protection. Electronic information can be taken in massive quantities without a business even knowing what or how much has been taken.


In these situations, many businesses often look to enforce restrictive covenants in employment or other agreements and find that they lack adequate legal tools to effectuate meaningful damage control. This is frequently because the company suffered from a common misconception that “non-compete agreements” are unenforceable or the covenants they have are mismatched to the harm suffered.


Join Laurent Drogin and David Kleinmann of Tarter Krinsky & Drogin, LLP as they discuss employee mobility and other issues relating to restrictive covenants. In this course Messrs. Drogin and Kleinmann discuss:


The different types of “restrictive covenants” including covenants not to compete, not to solicit, accept or service and non-poaching covenants; the common misconceptions about the different types of restrictive covenants; the showing required to enforce restrictive covenants; and what should be considered when drafting restrictive covenants in employment or asset-purchase agreements.


Learning Objectives:

I.    Gain familiarity with the basic aspects of the law impacting restrictive covenants and employee mobility

II.   Grasp what else is needed besides restrictive covenants to protect an employer’s interest

III.  Understand what employees can do to aid in their ability to move on and still deal with customers they worked with at a former employer

IV.  Comprehend what is required for the enforcement of restrictive covenants


Program Attorney: Sigalle Barness


William D.
Ho-Ho-Kus, NJ

This was a well organized and information presentation.

Michael J. L.
Plainfield, NJ

Outstanding presentation

Susan A.


Steven S.

The course was interesting and informative.

Jill S.
Pittsford, NY

Helpful information on a timely topic.

Daniel O.
Bangor, PA

Well presented. Useful information.

Frank S.
Uniondale, NY


David H.
New York, NY

good seminar for area where few hard and fast rules - good discussion of equitable considerations

Sandra K.
New York, NY

As always, I learned a few important points in this CLE and found it extremely helpful.

Phillip K.
Summit, NJ

best one so far

Ayisha R.

Excellent presentation. Very helpful and informative

Marshall V.
Greenport, NY

Important rules for NYS.

Dennis S.
New York, NY

Outstanding presentation of complex area of law.

Jonathan S.
Manhattan, NY

Excellent overview.

Lawrence C.

Thorough & Comprehensive.

richard l.
jackson heights, NY

Obviously experts!

Sean F. T.
Chicago, IL

Great course. Smart guys!

lance f.
New York, NY

superb instructors, so, so knowledgeable. superb attorneys.

Edward S.
Brewerton, NY

One of the best

Steven F.
Garden City, NY

Valuable guidance from seasoned litigators. As a transactional and business lawyer with drafting responsibilities, good to learn the litigators' perspective on these important provisions.

Jayne R.
New York, NY

Good information, well presented


good drafting guidelines

Patrick G.
Cheektowaga, NY

Both teachers had an excellent command of the subject matter as well as excellent manner of teaching the course.

Catherine M.
Brookville, NY


Rhonda E. T.
Rockville Centre, NY

Good course well presented

William G.
New Canaan, CT

Extremely informative. These speakers are quite well informed in this area of the law.

connie b.
Pleasantville, NY

Very informative and well presented.

Craig M.
Norwalk, CT

Awesome and very informative.

Susan M. B.
Massapequa, NY

Very interesting and relevant material. Well organized materials. Great speakers. Excellent presentation

Judith M.
Sag Harbor, NY

Outstanding presentation. Easy-to-understand format.

Tracy W.
Syracuse, NY

Well done and very informative

Gbolahan E.
Baltimore, MD

Very good

Jill S.

Very good.

Jeffrey F.
Delray Beach, FL

I was very pleased with this thoughtful presentation.

David W.
River Vale, NJ

excellent course

Thomas B.
Rochester, NY

A very good overview of the issues and insightful thoughts on practice issues, especially insight on TRO procedures with judges.

Kirl F.
Parlin, NJ


Kimmo M.
New York, NY

Good presentation

Silda W.
New York, NY

Speakers very knowledgeable

wendy m.
Rye, NY

very informative and helpful.

Evan K.
Queens, NY

Good mix of case law and practitioner experience; nice job.

Anna E.
Washington, DC

I very much appreciated the very practical practice tips, and the fact that these particular speakers made clear that they were counseling reasonableness. I also appreciated that they were quick to point out pressure points for negotiations and settling

Carolyne A.
Larchmont, NY

Excellent Course. Good speakers who had good repoire with each other. Organized and clear with practical tips of how to apply case law into drafting actual employment agreements.

Richard A.
White Plains, NY


James M.
Queens, NY

I enjoyed the introduction of an additional speaker.

Anthony P.

it was interesting

Agnes M.
New York, NY

Very impressive and thorough presentation. Messrs. Drogin and Kleinmann did an excellent job.


good content from the lecturers

Helene O.
Sherman Oaks, CA

Very helpful drafting and positioning tips

James B.
New York, NY

Interesting exploration of the subject.

Peter C.
Pleasantville, NY

Panelists both very familiar with their field and the materials.

Bret D.
Brooklyn, NY

Thorough yet reasonably concise review of Restrictive Employment Covenants.

Jason M.
Bergenfield, NJ

Very informative and very clear. Very happy with the flow of the lesson.

Mary M.
Ithaca, NY

Very interesting and useful

Anthony P.
Williamsville, NY

Great overview of the topic

Valerie W.
Scarsdale, NY

Very good. Very thorough. They cite to some very helpful cases.

Anabelle G.
New York, NY

This was very helpful, especially the run-down of restrictive covenants and the pros/cons of running to court.

Laura C.
Latham, NY

Very good lecture!

New York, NY

Thank you

Matthew L.
New York, NY

More interesting program than anticipated.

cheryl l.
new york, NY


Mary T.
Brooklyn, NY

Very interesting

Janet B.
Lake Placid, NY

very informative

Joy A.
Cliffwood, NJ

Great Speakers; Great Content.