In a blow to New York employers who wish to enforce restrictive covenants under other state law, the New York Court of Appeals recently held that the Florida choice of law provision in an employment agreement was unenforceable. Brown & Brown, Inc. v. Johnson, No. CA 13-00340, 2015 WL 3616181 (N.Y. Ct. App., June
Clawback Provisions As An Alternative to Traditional Restrictive Covenants
Employers are increasingly using clawback provisions in their employment agreements in lieu of traditional restrictive covenant breach provisions to encourage employees to abide by their restrictive covenant obligations. Kelley Drye litigation partner Robert Steiner and Employee Benefits and Executive Compensation partner Pamela Kaplan authored an article for HR Advisor that discusses the use of clawback