Contact Us

Keep Up with Current Employment Law Issues

Check this page frequently for the latest blogs on current, important employment law issues.
Current State of Restrictive Covenants (other than Non-Competes) Under New York Law
Current State of Restrictive Covenants (Other Than Non-Competes) in New York by Richard Friedman

What is a Restrictive Covenant?
Our last blog article provided an update on the state of New York law concerning non-compete provisions. This article focuses on the state of New York law concerning restrictive covenant provisions other than non-competes. As our readers are almost certainly all well aware, a restrictive covenant is a contractual provision that many employers include in employment and severance agreements as well as in contracts with respect to the sale of a business. Such provisions are designed to limit the activities of a former employee or a former owner of a company for a fixed period of time following the end of the employment relationship or after the sale of a company to protect the former employer’s or buyer’s supposed legitimate business interests. In addition to employment, severance, and agreements concerning the sale of a business, these covenants can often be found in stock option agreements.

[click here to continue reading]
Current State of Non-Competes Under New York Law
Current State of Non-Competes Under New York Law by Richard Friedman

What is a Non-Compete?

As all of our readers undoubtedly know, a non-compete provision is a type of restrictive covenant that many employers include in employment and severance agreements. The purpose of a non-compete provision is to restrict a former employee’s ability to work for a competitor after the cessation of his or her employment.

When are Non-Competes Enforceable?Read more.

[click here to continue reading]
The Importance of Dissolution Provisions for New York LLCs
LLC. Limited liability company. Business abbreviation.

The limited liability company (LLC) has become one of the most commonly used business entities in New York because of the many benefits it provides to its members and managers. LLCs allow members to satisfy their business needs while still providing them with the same limited liability protection that limited partnerships provide. Although the flexibility of an LLC can be very beneficial, it is this commentator’s view that members of a New York LLC should not rely on New York’s Limited Liability Company Law (LLCL) to govern the activities of an LLC. If persons choose to form an LLC, it is essential that they have a clearly written operating agreement that provides explicit terms for, among other things, the LLC’s dissolution. A number of New York cases illustrate issues that arise when an operating agreement is vague on how to dissolve the LLC. Indeed, as discussed below, an LLC can be difficult to dissolve if the operating agreement is not explicit in this regard.

[click here to continue reading]
Sign me up for future blog posts.

Other Blog Posts

Subscribe to Our Newsletter
Click here to subscribe to our newsletter.