Non-Solicitation agreements and Non-Solicitation clauses are closely related to non-compete agreements. A non-solicitation agreement is used for the purpose of preventing an employee, former employee or independent contractor from soliciting employees, clients or customers away from a company. Generally non-solicitation agreements require that an employee not solicit the employers customers after the employment relationship has ended, especially when the parties met or gained knowledge of each other while working for the employer.
Valued employees and upper level executives are usually asked to execute non-compete agreements at some point prior to or during their employment. Customers are the life line of a business and employers will go to great lengths to protect their main asset.
Since our inception Non-Competition, Non-Solicitation and Non Disclosure agreement litigation have been a major part of our practice. Our team of Non-Competition, Non-Solicitation and Non Disclosure agreement experts have created, advocated and litigated on behalf of clients on both sides of the non-compete spectrum from professionals and executives branching out and becoming entrepreneurs to companies attracting key talent in need of advice and protection.
Recently our firm successfully tried a case on behalf of an employee against her former employer who initiated and would not discontinue litigation on an unconscionable and unduly burdensome Non-Competition, Non-Solicitation and Non Disclosure agreement with the sole purpose of attempting to prevent her from earning a living in her profession. Our firm’s decision in Eyes of The World v Boci was publicized in The New York Law Journal and in The National Law Journal article WAX THIS!. Below is a series of links providing analysis on this case in various legal news sources.
The New York Law Journal
The National Law Journal
Martin Dale
New York Employment Lawyer Blog
Labor & Employment Law Blog
Our firm also represented a financial advisor opening up his own practice in Manhattan. After refusing to execute a Non-Competition, Non-Solicitation and Non Disclosure agreement, his former employer, a very sophisticated and large institution initiated a law suit in New York Supreme Court alleging that this advisor misappropriated company trade secrets, specifically, client lists. The former employer alleged that the advisor was contacting and soliciting the employers clients. The employer could not prove its claim. Additionally the employer did not have a Non-Competition, Non-Solicitation and Non Disclosure agreement with its advisor as he refused to execute one initially due to his high demand in the industry. The matter was discontinued by the employer.
Pardalis & Nohavicka, LLP is a New York City commercial and business law firm specializing in Non-Competition, Non-Solicitation and Non Disclosure agreement cases. in the Federal Trial Courts as well as the Trial Courts for the City and State of New York. Feel free to contact our trial team with any questions at 718.777.0400 or by E-mail.