Outside Counsel

Decisions Spur Confusion as to Non-Competes

, New York Law Journal

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Jonathan Cooper writes: For several decades, New York's courts have read the seminal state Court of Appeals decision in 'Post v. Merrill Lynch' to mean that once an employee is terminated without cause from her job, her non-compete is rendered unenforceable as a matter of law. In the last two years, however, a trend has emerged where some courts in New York have pointedly declined to read 'Post' in this fashion.

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