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A Summary of Connecticut vs. New York Law on Enforcing Non-Competes

We here in the Westport, Connecticut office of Maya Murphy, P.C. are often asked about the enforceability of a non-compete covenant under either Connecticut or New York law.  As many Fairfield County residents work in New York, we thought it appropriate to give a quick summary of the two approaches to the issue.  The short answer is that Connecticut and New York laws are similar, but not the same.

Physician Adequately Alleges Violation of CUTPA Against His Former Counsel

In a decision, the Superior Court for the Judicial District of Stamford/Norwalk held that a plaintiff physician adequately alleged a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) against his former counsel.  More specifically, the Court held that, as alleged, the defendant law firm’s actions were entrepreneurial in nature, and, thus, were not subject to immunity that ordinarily attaches to conduct involving legal representation. In reaching its decision, the Court relied on the following facts, as alleged in the plaintiff’s complaint:

Five Prong Test for Non-Compete Agreement in Connecticut

Scott v. General Iron & Welding Co., 171 Conn. 132

Veterinary Doctor’s Non-Compete Invalidated When Terms Unreasonably Favor Employer

Merryfield Animal Hospital v. MacKay, 2002 Conn. Super. LEXIS 4099

Excessive Geographical Restriction Invalidates Connecticut Non-Compete Between Dance Studio and Instructor

RKR Dance Studios, Inc. v. Makowski, 2008 Conn. Super. LEXIS 2295

Role of Consideration in a Connecticut Non-Compete Agreement

J. M. Layton & Co. v. Millar, 2004 Conn. Super LEXIS 2226

Test for Granting a Temporary Injunction for Breach of Connecticut Non-Compete

Group Concepts, Inc. v. Barberino, 2004 Conn. Super. LEXIS 1036

Expunging a Dirty U-5—Be Careful What You Ask For!

Expunging a Dirty U-5—Be Careful What You Ask For!

State Employee Retirement Benefits Payments are Not Exempt from Garnishment by Victims of Violent Crime

Klingman v. Winters, KNLCV020560881, 2010 WL 5493498 (Conn. Super. Ct. Dec. 8, 2010)

Employee Files Retaliatory Discrimination Suit Against Yale University

A Yale employee filed a retaliatory discrimination suit against Yale University, in which she alleged that after Yale hired her in 1999 as a “security education coordinator” to ensure the university’s compliance with Title IX, which is the federal law that prohibits sex discrimination in education, the university ignored her solutions, responded with indifference, and cut her pay.  Ultimately, Susan Burhans alleged that Yale University made it impossible to do her job, which was to “develop campus safety programs and strategies to ensure Yale’s compliance with Title IX and related laws,” according to the complaint.

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