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ARTICLE · 11 DECEMBER 2011

Non-Compete Laws: A State By State Guide - New York

What constitutes a reasonable duration of a non-compete restriction in your jurisdiction? When determining whether a non-compete agreement is reasonable in duration, New York courts focus on the particular facts and circumstances of each case.

United StatesEmployment and HR

What constitutes a reasonable duration of a non-compete restriction in your jurisdiction?

When determining whether a non-compete agreement is reasonable in duration, New York courts focus on the particular facts and circumstances of each case. This is a highly fact-specific inquiry conducted on a case-by-case basis.

Courts have repeatedly held time restrictions of six months or less are reasonable (Ticor Title Ins. Co. v. Cohen, 173 F.3d 63, 70 (2d Cir. 1999); Natsource LLC v. Paribello, 151 F. Supp. 2d 465, 470–471 (S.D.N.Y. 2001)). Courts also have found longer restrictions to be both reasonable and unreasonable depending on the specific facts of a particular case.

What constitutes a reasonable geographic non-compete restriction in your jurisdiction?

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