Firm Memoranda

New York Court of Appeals: Choice of Law Provisions for Restrictive Covenants May be Unenforceable if Contrary to NY Public Policy

Date: 06/17/15

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.

CGR Memo - NY Court of Appeals - Choice of Law Provisions for Restrictive Covenants May be Unenforceable if Contrary to NY Public Policy.pdf (pdf | 128.78 KB )