Employment

Read the non-compete first.

Issue

Will my non-compete actually hold up?

Rule

It depends on the agreement's scope, the employee's role, and the law in effect, which in New York has been actively debated.

Translation

Ask before you sign, not after you quit.

Courts have generally asked whether a restriction protects a legitimate business interest, and whether its length and geographic reach are reasonable.

Non-solicitation and confidentiality clauses are often treated differently from a flat ban on working for a competitor, so read each clause on its own.

Proposals to limit non-competes have been moving through the New York legislature, so check the law in effect on the day you sign.