New York Court of Appeals: Choice of Law Provisions for Restrictive Covenants May be Unenforceable if Contrary to NY Public Policy
June 17, 2015
On June 11, 2015, the New York Court of Appeals held in Brown & Brown, Inc. v Johnson that “applying Florida law on restrictive covenants related to the non-solicitation of customers by a former employee would violate the public policy” of New York State. The decision is significant for the enforceability of choice-of-law provisions in restrictive covenants in New York.