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Tag Archives: Jeremy M. Sher

Advocate’s View: Restrictive covenants and employee manuals can make a bad combination

I have recently observed a trend in employment litigation: employers attempting to enforce covenants not to compete or solicit clients (“restrictive covenants”) that are contained in employee manuals, as opposed to discrete contracts. Employers should reconsider this practice if they ...

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Advocate’s View: Removing to federal court: a deadline you can’t miss

When I last wrote about unmissable deadlines, I described CPLR and NYCRR provisions setting deadlines that normally can’t be forgiven. If you’re defending a state court action, there’s another deadline you must remember: the 30-day deadline to remove an action ...

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Advocate’s View: Employers’ ‘legitimate interests’ 15-years post-‘BDO Seidman’

BDO Seidman v. Hirshberg remains the leading New York authority on enforcing post-employment restrictive covenants — contracts that prevent an employee from competing with his employer after leaving his job, 93 N.Y.2d 382 (1999). Now approaching its 15th anniversary, BDO ...

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Advocate’s View: COA gives meaning to ‘control’ in document discovery

CPLR Article 31 governs the production of documents in a person’s “possession, custody or control,” CPLR 3111 (production of materials at deposition); CPLR 3120(1)(i) (production in response to a notice to produce or subpoena duces tecum). A person responding to ...

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