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NYS Assembly Passes Bill Banning Post‑Employment Covenants Not To Compete

June 26, 2023

On June 23, 2023, Cravath prepared a memo for its clients entitled “NYS Assembly Passes Bill Banning Post‑Employment Covenants Not To Compete.” The memo examines Assembly Bill A1278B, which was passed by the New York State Assembly on June 20, 2023, a version having previously been passed by the New York State Senate, and which provides for a broad ban on post‑employment noncompete restrictions. If the bill is signed into law, New York will join California as one of the most restrictive states in the U.S. with respect to post‑employment covenants not to compete. The memo outlines the types of agreements the bill bans, who is considered a covered individual, the exceptions the bill includes and the consequences for violating the law.

Please click here to read the memo.

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  • Executive Compensation and Benefits

Authors

Photo
Name
Eric W. Hilfers
Title
Executive Compensation and Benefits
Title
Partner
Email
ehilfers@cravath.com
Phone
+1-212-474-1352
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    Education

    • J.D., 1998, University of Chicago Law School
      with Honors
    • A.B., 1995, Princeton University

    Admitted In

    • New York
    Photo
    Name
    Amanda Hines Gold
    Title
    Executive Compensation and Benefits
    Title
    Partner
    Email
    agold@cravath.com
    Phone
    +1-212-474-1110
    vCard
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      Education

      • J.D., 2007, Arizona State University
        magna cum laude
      • B.S., 2001, University of Arizona

      Admitted In

      • New York
      Photo
      Name
      Jonathan J. Katz
      Title
      Executive Compensation and Benefits
      Title
      Partner
      Email
      jkatz@cravath.com
      Phone
      +1-212-474-1538
      vCard
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        Education

        • LL.M., 2013, New York University School of Law
        • J.D., 2007, Benjamin N. Cardozo School of Law
          Order of the Coif, Dean's Distinguished Scholar, summa cum laude
        • B.S., 2003, Cornell University

        Admitted In

        • New York
        Photo
        Name
        Matthew J. Bobby
        Title
        Executive Compensation and Benefits
        Title
        Partner
        Email
        mbobby@cravath.com
        Phone
        +1-212-474-1128
        vCard
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          Education

          • J.D., 2012, Harvard Law School
            magna cum laude
          • M.A., 2009, University of Pennsylvania
          • B.A., 2009, University of Pennsylvania
            Phi Beta Kappa, summa cum laude

          Admitted In

          • New York

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