Harm to Trade Secrets and Customer Relationships Justifying an Injunction in Federal and State Court

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Restrictive Covenants Law Firm The disclosure of trade secrets and the interference with customer relationships have been considered irreparable harm warranting injunctive relief in both federal and state court. Federal courts faced with requests for injunctive relief ”have shown a willingness to issue injunctions […]

The Enforceability of Restrictive Covenants Against a Terminated Employee

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Covenant Not to Compete Attorney In New Jersey, restrictive covenants are enforceable but only to the extent that they are reasonable under the circumstances. Generally, the court considers three factors to determine whether a restrictive covenant is reasonable: whether the agreement (1) is necessary […]

ENFORCEABILITY OF A RESTRICTIVE COVENANT IN NEW JERSEY

By Fredrick P. Niemann, Esq., a NJ Covenant not to Compete Attorney The law in NJ on the enforceability of covenants not to compete is highly fact sensitive.  Covenants which are overly broad and/or punitive are not generally enforceable.  Although New Jersey subscribes to the “blue pencil doctrine” which will rewrite a restrictive covenant (with […]

PARTIAL ENFORCEABILITY OF A NJ COVENANT NOT TO COMPETE

By Fredrick P. Niemann, Esq., a NJ Covenant not to Compete Attorney  New Jersey’s Blue Pencil Doctrine The blue pencil doctrine, as adopted by the New Jersey courts, permits a court to limit the scope of a covenant by striking out specific sections of the covenant.  Under this doctrine, a court will effectively, “rewrite” an […]

WHAT INFORMATION CAN BE CLASSIFIED AS LEGALLY CONFIDENTIAL UNDER NEW JERSEY LAW?

By Fredrick P. Niemann, Esq. a New Jersey Confidentiality and Covenant not to Compete Attorney Confidential information and non-compete clauses in agreements include all information that is provided by the Seller to the Purchaser that is not common knowledge or already in the public domain. This will NOT include the following: • Information that is already […]

IS A COVENANT NOT TO COMPETE ENFORCEABLE AGAINST A FORMER FRANCHISEE WHO TERMINATES HIS FRANCHISE AND OPENS A NEW, NON BRAND NAME, STORE? (Part II)

By Fredrick P. Niemann, Esq. a New Jersey Covenant not to Compete Attorney New Jersey courts will not enforce contracts that it finds violate public policy.  “No contract can be sustained if it is inconsistent with the public interest or detrimental to the common good. However, in an employment context courts have traditionally been reluctant […]