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Courts in New York have long required that non-competes and
other post-employment restrictive covenants be supported by
adequate consideration in order to be enforceable. In a recent
article in Hedge Fund Law Report, partners Jon Shepard and Eric
Dowell "provide practical advice on how to draft non-compete
language that is likely to be held enforceable even where there is
no provision for that pay during the subject non-compete
The article can be read in its entirety here, and a
link to their previous article explaining how non-reliance clauses
are treated by New York courts can be found here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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