"Unique Employee" enjoined from Competing with Former Employer

A New York State court recently enjoined a network executive from competing with his former employer on the grounds that the executive was a "unique employee" subject to a covenant not to compete. In MTV Networks v. Fox Kids Worldwide, Inc., the president of a cable television network signed a contract to become the president and CEO of a competitive network approximately nine months before the expiration of his then-current employment agreement, which contained a non-compete provision. The network immediately terminated the executive's employment and sought to enjoin him from working for the competitor until the end of the term of his agreement. In granting injunctive relief, the court recognized that, although New York courts have adopted a strict approach in construing non-competition agreements, such agreements have been enforced where an employee's services are unique or extraordinary. The court further recognized that, while restrictive covenants that prevent employees from