• Posts by Lauri F. Rasnick
    Member of the Firm
    | 212-351-4854

    Attorney Lauri Rasnick is an experienced litigator, investigator, and trusted advisor to businesses and their executives. When employers face difficult workforce challenges, they call Lauri for a plan.

    With her analysis and ...

    Full Bio | Contact Author | LinkedIn
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Garden Leave Provisions in Employment Agreements: 2020 Update
Categories: Non-Compete Agreements, Trade Secrets and Confidential Information
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The 2020 update to our Practice Note, “Garden Leave Provisions in Employment Agreements,” is now available from Thomson Reuters Practical Law.  We discuss garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements.

Following is an excerpt (see below to download the full article in PDF format):

In recent years, traditional non-compete agreements have faced increasing judicial scrutiny, with courts focusing on issues such as the adequacy of consideration, the propriety of non-competes for lower level ...

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Garden Leave Provisions in Employment Agreements Published with Thomson Reuters Practical Law
Categories: Non-Compete Agreements
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We just published an article with Thomson Reuters Practical Law discussing garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements. With Thomson Reuters Practical Law’s permission, we have attached it here.

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Garden Leave Provisions Article Published with Practical Law Company
Categories: Non-Compete Agreements
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We just published an article with the Practical Law Company discussing garden leave provisions in employment agreements. With PLC’s permission, we have attached it here.
Blogs
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Court Finds Potential Liability For Sending Cease And Desist Letter
Categories: Non-Solicit Agreements
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A recent case stands as a reminder that there may be liability for writing an "overly zealous" - - and potentially inaccurate - - cease and desist letter.
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Be Careful Who You Sue - You May Face an NLRA Claim That Your Employment Agreement's Confidentiality, Non-Disclosure, and Non-Disparagement Provisions Violate the NLRA
Categories: Trade Secrets and Confidential Information
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In a recent NLRB decision, confidentiality and proprietary information and non-disparagement provisions contained in a mortgage banker's employment agreement were found to violate the NLRA.
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A "Confidentiality" Stamp is Not Enough: According to the New York Appellate Division First Department
Categories: Trade Secrets and Confidential Information
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A recent New York case, Edelman v. Starwood Capital Group, LLC, 2009 NY Slip Op. 09309 (1st Dep't December 15, 2009), is another reminder that companies should take appropriate precautionary steps when dealing with confidential information.
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Court Refuses to Enjoin Former Sales Representatives From Soliciting Clients Based on Inadequate Proof That Client List was a Trade Secret
Categories: Trade Secrets and Confidential Information
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The New York State Supreme Court recently shot down a request to enjoin two former salesmen and their new employer from tortiously interfering with a real estate investment firm's business, from interfering or contacting its customers or using or exploiting its trade secrets.
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Employer Held to its Promise to Pay During Non-Compete Period
Categories: Non-Compete Agreements
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As the enforcement of non-competition agreements becomes more crucial than ever, some employers are including provisions that require or promise payments to the former employees during the post-employment period of non-competition. If properly crafted, such a payment may act as the additional consideration needed for the promise not to compete and may dissipate the former employee's argument of undue hardship during the non-competition period. Employers promising to make such payments must be prepared to follow through with their promises, as the Eighth Circuit recently held.

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