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Court Upholds Two Year Non-Solicitation Provision Because It Was Narrowly Tailored

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DeWitt Stern Group v. Eisenberg (S.D.N.Y. 2013) upheld a non-compete provision that was agreed to by the parties in Eisenberg’s employment agreement.  Although the non-compete agreement was for two years, the Court noted that that provision prohibited Eisenberg from soliciting only those clients who he had served at DeWitt or those he had supervised.  Significantly, the court noted that aside from those exceptions, the provision did not limit his ability to work.

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