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...
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