Non-Compete Agreement Attorneys 

Protect Your Business or Career—Before It’s Too Late 

Non-compete agreements are an important tool for businesses aiming to safeguard their competitive edge. These contracts help protect sensitive company information, client relationships, and intellectual property from misuse by former employees or partners. When a key employee leaves to join a competitor or start a rival business, the potential damage can be significant—leading to lost revenue, weakened market position, and eroded customer trust. 

If you’re facing a non-compete dispute, having skilled legal representation can make or break your chances at success. At Horn Wright, LLP, our commercial litigation attorneys specialize in non-compete litigation. Whether you need to draft a solid non-compete, challenge an unreasonable clause, or pursue legal action, we’re here to help protect your business interests. 

What’s Really at Stake with Non-Compete Agreements? 

A non-compete agreement is a contractual provision that restricts an employee’s ability to work for a competitor or start a competing business within a specific timeframe and geographic area after leaving their employer. These agreements are designed to prevent unfair competition by ensuring former employees do not leverage confidential knowledge against their previous employers. 

Industries That Rely on Non-Compete Agreements 

Non-competes are fairly common in industries where proprietary knowledge, client relationships, or trade secrets play a vital role, including: 

• Technology and software development 
• Financial services and investment firms 
• Healthcare and medical professions 
• Sales and executive leadership positions 

For a non-compete to be legally enforceable, it must meet specific requirements, such as a reasonable duration and geographic scope, legitimate business interest justification, and fairness in restrictions placed on the employee. Speaking with a commercial litigation lawyer at Horn Wright, LLP, is the first step to take in evaluating the enforceability and strength of any non-compete agreement. 

The Harsh Reality of Non-Compete Agreements in New York 

New York courts assess non-compete agreements on a case-by-case basis. Unlike some states that broadly prohibit non-competes, New York allows them under certain conditions, prioritizing fairness to both employers and employees. 

Courts consider several factors when determining enforceability, including: 

• Reasonableness of duration and geographic scope – Non-competes must not impose excessive restrictions on an employee’s ability to find work. 
• Legitimate business interests – Employers must show that the agreement protects trade secrets, client relationships, or specialized training. 
• Impact on the employee’s livelihood – If a non-compete makes it nearly impossible for an employee to continue their career, it may be deemed unenforceable. 

New York courts often modify or strike down non-competes that are overly broad or unnecessary to protect a business’s legitimate interests. The attorneys at Horn Wright, LLP, take a proactive approach in evaluating non-compete agreements to design a tailored-approach that fits the facts of your case. 

When Non-Compete Agreements Lead to Legal Battles 

Disputes over non-compete agreements often arise when former employees move on to work for competitors or launch their own businesses. At Horn Wright, LLP, some of the most frequent legal battles with non-compete agreements that we see are: 

• Employees violating non-compete clauses by accepting positions at competing firms 
• Former employees starting rival businesses within restricted timeframes 
• Employees challenging overly broad or vague non-compete restrictions in court 
• Employers wrongfully attempting to enforce invalid or outdated non-competes 

These disputes often escalate to litigation, so having an experienced legal team like Horn Wright, LLP, on your side is incredibly important. 

Legal Remedies for Non-Compete Disputes 

Depending on the circumstances, legal remedies may include negotiation, mediation, or formal litigation. Employers can seek injunctive relief to prevent a former employee from engaging in competitive activities, while employees may challenge the agreement’s fairness in court. 

Enforcing a Non-Compete Agreement: Act Fast or Risk Losing Everything 

When a former employee violates a non-compete, swift action is necessary to prevent further damage. Businesses can take the following legal steps: 

• Cease-and-desist letters – A formal notice warning the former employee to comply with the agreement. 
• Pre-litigation negotiations – Attempting to resolve disputes before court intervention. 
• Seeking injunctions and restraining orders – Court-issued orders preventing the employee from continuing their competitive activities. 
• Pursuing damages – Legal action to recover financial losses caused by the violation. 

Taking decisive action helps businesses mitigate risks and reinforce the integrity of their agreements. 

Fighting Back: Defending Against Unfair Non-Compete Claims 

Employees facing restrictive non-competes have legal options to challenge their validity. Defense strategies may include: 

• Demonstrating the agreement is unenforceable due to overly broad terms 
• Proving the employer lacks a legitimate business interest to justify the restriction 
• Arguing that the non-compete imposes an unreasonable hardship on the employee 
• Negotiating modifications or settlements to reach a fair resolution 

If you’re being unfairly restricted by a non-compete, you don’t have to accept it as final. The law is on your side when agreements are unreasonably restrictive or unjustly enforced. Standing up to an unfair contract can feel daunting, but with the right legal approach, you can reclaim your professional freedom and ensure your career continues to grow. 

Industries Where Non-Compete Agreements Are Breaking Careers and Businesses 

The enforceability and impact of non-compete agreements vary by industry. Key considerations that we look at include: 

• Technology – Restrictions on software developers and engineers must balance business protection with industry innovation. 
• Finance – Investment firms use non-competes to prevent client poaching but must ensure fairness. 
• Healthcare – Physician non-competes often face scrutiny due to patient care concerns. 
• Sales and Executive Positions – Protecting client lists and high-level strategies is a primary concern in these agreements. 

Industry-specific nuances can determine whether a non-compete will hold up in court. Companies and employees alike should be aware of how these restrictions affect their specific industry. Many times, non-compete clauses are too broad, making them difficult to enforce. Understanding these loopholes could mean the difference between staying in business or being shut out of your own industry. 

How Courts Assess Industry-Specific Restrictions 

Courts consider industry-specific needs and fairness when evaluating non-compete agreements. Restrictions that unduly hinder innovation or patient care are more likely to face scrutiny. 

Smarter Legal Strategies: Alternative Protections for Businesses 

Businesses concerned about competition have legal alternatives to non-compete agreements, including: 

• Non-solicitation agreements – Preventing former employees from poaching clients or employees 
• Non-disclosure agreements – Protecting confidential business information 
• Trade secret protections – Strengthening internal security measures 
• Garden leave clauses – Paying employees during a restricted period instead of enforcing a strict non-compete 

Many of these alternatives provide the protection businesses need without tying employees’ hands. An NDA or non-solicitation agreement can often be more effective and easier to enforce than a non-compete. 

Why Choose Horn Wright, LLP for Your Non-Compete Litigation? 

At Horn Wright, LLP, we’ve built a reputation for successfully representing both businesses and employees in high-stakes non-compete disputes. Our legal team understands the intricacies of New York’s non-compete laws and works aggressively to protect your interests. 

Don’t let a non-compete agreement dictate your future. Whether you’re an employer protecting your business or an employee fighting for your right to work, we’re here to help.  

Contact our offices today to schedule a consultation and take the first step toward securing your legal rights.