NY's Strong Restrictions On Restrictive Covenants

Law360, New York (February 11, 2014, 3:19 PM EST) -- District Judge P. Kevin Castel’s recent decision denying preliminary injunctive relief in Reed Elsevier Inc. v. TransUnion Holding Co. Inc., 13 Civ. 8739 (PKC) (Jan. 9, 2014), is mandatory reading for New York practitioners who draft or review employment agreements.

Although the fact pattern is somewhat unique, the decision restates and reaffirms the law in New York on judicial interpretation of restrictive covenants in employment agreements.

Unlike most employment litigations, the employee was not named as a defendant. Rather, Reed Elsevier Inc., the former employer, sued...
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