A key employee just resigned, took gigabytes of your confidential information on a thumb drive, and is now working for your competitor. What do you do next? What should you have done before?
The expectation of continued relationships with clients/customers and a business’s confidential information give it an advantage over competitors. Our attorneys assist clients in protecting that advantage. We not only litigate these cases, but also provide clients with strategic counseling regardless of whether the matter involves a former employee, existing employee or a prospective new-hire.
We counsel and represent businesses and executives in a variety of industries and regularly provides the following services:
Recent Success Stories
|Drogin, Laurent S. Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice||Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice||212.216.8016|
|Kleinmann, David N. Partner and Co-Chair of Restrictive Covenant Practice||Partner and Co-Chair of Restrictive Covenant Practice||212.216.1115|
|Rosner, Joel H. Partner||Partner||212.216.1187|
|Schmedlin, William Counsel||Counsel||212.216.8072|
|Schoenstein, Richard C. Partner, Vice-Chair of Litigation||Partner, Vice-Chair of Litigation||212.216.1120|
Host Rich Schoenstein is joined by employment lawyer and restrictive covenant guru David Kleinmann to break down the proposal.
NEW YORK – July 14, 2022 – Tarter Krinsky & Drogin has promoted eight attorneys firmwide, including five to partner and three to counsel.
In this special episode of Law Brief, Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction, Restrictive Covenant co-chair and Labor & Employment partner David Kleinman and Litigation partner and host Rich Schoenstein discuss the Workforce Mobility Act, a new bill introduced in Congress that would ban the use of non-competes to restrain workers from taking new jobs. Rich and David survey the existing judicial landscape in this area and argue that the overreaching bill fails to make important distinctions that should be considered in evaluating restrictive covenants.
Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.
Thirty lawyers from Tarter Krinsky & Drogin have been named to the 2018 New York Super Lawyers and Rising Stars lists as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations
This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.
Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.
Restrictive Covenant practice co-chair David Kleinmann was quoted in the July 7 Baltimore Sun article, “Employers Use Non-Compete Agreements Even for Low-Wage Workers.” The article addresses that although employers have traditionally used non-compete agreements to keep highly skilled and highly paid workers from jumping to competitors and stealing trade secrets, they are now using them in the broader workplace among low-wage workers.
On April 30, Labor and Employment chair Laurent Drogin was a featured guest on Lorne Epstein’s You’re Hired radio show where he discussed the salary secrecy laws in New York City, Massachusetts and Philadelphia.
Commentary by Labor & Employment chair Laurent Drogin was featured in a Human Resource Executive article on the National Labor Relations Board’s ruling on a case centered on the way Verizon Wireless maintained numerous handbook rules that were too restrictive on employee communications and behavior.
Tarter Krinsky & Drogin recently announced the promotions of three lawyers, David Kleinmann and Gina Piazza to partner, and Chris Tumulty to counsel.
Tarter Krinsky & Drogin is pleased to announce the promotions of three lawyers, two to partner and one to counsel.
We successfully defended our client, an insurance brokerage firm, in a restrictive covenant suit against an employee who solicited former clients after leaving the company.
On January 5, 2023, the Federal Trade Commission (FTC) proposed its long-awaited new rule banning non-compete agreements.
Labor & Employment chair Laurent Drogin wrote an article that was featured in the Association of Corporate Counsel (ACC) Fall 2018 New York City chapter newsletter titled, "Your Color-Coded Crib-Sheet to Creating Compelling Restrictive Covenants.”
Litigation partner Rich Schoenstein authored an article for the New York Law Journal’s special Litigation report titled, "The Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation.”
Non-compete agreements generally are disfavored in New York, but courts will enforce them if they are reasonable in time, geographic scope and are intended to protect a company's "legitimate protectable interest(s)" as opposed to being simply anti-competitive. One question that has never been clearly answered is whether an employer's termination of an employee "without cause" will render a non-compete agreement unenforceable. In this article, Labor & Employment Chair Laurent Drogin and partner David Kleinmann, who are the co-chairs of the firm’s Restrictive Covenant practice, and Litigation partner Rich Schoenstein explore a significant decision handed down by the appellate court covering Manhattan and the Bronx impacting the enforcement of restrictive covenants.
Law360 published an article authored by Labor and Employment partner and co-chair of the Restrictive Covenant practice David Kleinmann titled, “Clearing Up Broker-Dealer Classification Questions in NY.” The article explores a recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board that provides broker-dealers with greater clarity surrounding whether Financial Industry Regulatory Authority-registered representatives working in stockbroker positions are properly classified as independent contractors and whether sales mentorship and assistance programs can be conducted without creating an unintended employer-employee relationship.
On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) into law.