Tech Exec's Noncompete Timeout A Close Call In 2nd Circ.

By Pete Brush (December 9, 2020, 7:00 PM EST) -- The Second Circuit asked Wednesday if a New York federal judge got it right when he enforced a yearlong noncompete provision on behalf of International Business Machines Corp. against a former executive who left for Microsoft Corp., having found the star sales manager would inevitably disclose trade secrets.

During virtual arguments in an apparent case of first impression, Circuit Judges Rosemary S. Pooler, Richard C. Wesley and William J. Nardini took note of the fact that New York law generally disfavors noncompetes. But they appeared set to carefully review whether White Plains U.S. District Judge Philip M. Halpern nevertheless got it...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!