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I find that even corporate lawyers are frequently ignorant of the laws applicable to post-employment restrictions. In NY these covenants are enforceable only to
by zekevermillion 11y ago
I find that even corporate lawyers are frequently ignorant of the laws applicable to post-employment restrictions. In NY these covenants are enforceable only to the extent that they protect the "legitimate business interests" of the employer, under BDO Seidman v Hirshberg. Those interests do not include preventing employees from practicing their trade, though some sleazier employers seem to think that is part of the game. In this case, it sounds like the employer is threatening some sort of trade secrets misappropriation claim, which would not be surprising as this usually accompanies any noncompete claim. However, it's hard to imagine what protectable trade secrets a "content" author would learn. I mean, how to write content is not a trade secret, it's a skill of the trade.
- phonon 11y agoYou can read about that here...at Law360! http://www.law360.com/articles/558083/bdo-seidman-continues-to-rule-ny-restrictive-covenants http://www.law360.com/articles/558083/bdo-seidman-continues-...
- zekevermillion 11y agoTypical of products and services marketed toward lawyers, law360 requires a silly subscription to read content that is largely already public info. Maybe the trade secrets that the Reuters journalist stole have something to do with the secret of convincing people to cross the paywall of this obnoxious publication! Anyway, here's a Google Scholar link to the opinion, which is self-explanatory: https://goo.gl/Vzq0XG https://goo.gl/Vzq0XG
- phonon 11y agoYou can read the article in full if you google the title and click the result link.