"The Enforceability of Non-Competes During the Pandemic" published by New York Law Journal

Print PDF
June 12, 2020

In the financial industry, as in others, employees often enter into employment agreements that require them to give early notice of their intent to terminate their employment, followed by an agreement to comply with a covenant not to compete against their former employer for a period of time following termination of their employment. These covenants against competition generally are disfavored under common law and have been upheld by courts only where the employer could demonstrate that they were carefully drafted to address legitimate employer interests. 

In this article published in the New York Law Journal, RK&O attorneys Daniel Zinman, James Walker and Jacob Taber examine how the COVID-19 pandemic and resulting economic instability may give rise to new employee defenses against the enforcement of such covenants, and provide the basis for a successful challenge even to narrowly tailored, short-duration non-compete clauses. 

The Enforceability of Non-Competes During the Pandemic - The New York Law Journal