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Einbinder & Dunn, LLP is committed to providing high-quality, cost-effective solutions for all of its clients' legal problems. The partners and their experienced staff of associates take a hands-on approach to each matter. The attorneys are responsive and proactive, working only in each client's best interest to achieve superior results.

Non-Compete & Non-Solicitation Agreements

Representing Clients In Matters Relating to Restrictive Covenants,
Non-Competes and Non-Solicitation Agreements

Covenants not to compete or engage in certain other activities can provide business owners and employers with powerful tools for protecting a wide range of vital business assets, including clients, customers, ideas and trade secrets. On the other side of the spectrum, enforcement of a non-compete can put companies out of business and individuals out of work. As a result, the validity of non-compete agreements is often the subject of contentious litigation.

Disputes involving non-compete agreements and other restrictive covenants have been a significant part of Einbinder & Dunn's commercial litigation practice since the partners first joined together in 1990. In the years since, the firm's attorneys have negotiated, argued and advocated on behalf of clients ranging from individual business owners, professionals, executives and former employees to companies that are among the largest in their respective industries.

This broad base of experience with non-compete agreement disputes gives Einbinder & Dunn a unique perspective and enables the firm to resolve complex employment law disputes. Clients on either side of any non-compete agreement or non-solicitation dispute also benefit from the firm's experience with business and franchise law; from its talent for anticipating an opponent's next moves, and from the hands-on style, accessibility and responsiveness of the firm's partners.

The firm's practice of exploring both traditional and new, more creative solutions to employment and non-compete agreement disputes is yet another way in which the firm stands apart from its competitors.

Einbinder & Dunn also acts as local counsel for out-of-state law firms with complex litigation pending in the state or federal courts of New York.

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For questions or additional information about Einbinder & Dunn's commercial litigation services, please contact Einbinder & Dunn by clicking here to fill out a contact form or by calling 866-490-4909 or 212-391-9500 to speak with one of the firm's partners.

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News & Events

Two cases successfully handled by Einbinder & Dunn involving franchise agreement non competes are the subject of a story in the February issue of Franchise Times. To read the article click here

Michael Einbinder was a featured speaker at the event “Franchise Roundtable – Do’s and Don’ts of Franchisor FDD’s and Franchisee Compliance,” sponsored by Citrin Cooperman, a well established New York accounting firm with a franchise practice. The event took place on Thursday, February 7, 2013 at 5:30 p.m. at Citrin Cooperman, 529 Fifth Avenue (44th between 5th and Madison) 4th Floor, New York, New York 10017. Click here for more information.

Einbinder & Dunn recently prevailed on behalf of a former franchisee in the child care industry. The Franchisor sought to enforce a noncompetition agreement and the court ruled that the Franchisor failed to establish irreparable harm or the public interest element of its injunction application and denied the motion. Click here for more information.

Michael Einbinder contributed a chapter in the ABA Forum Publication entitled "Covenants Against Competition in Franchise Agreements," Third Edition, published in the Fall of 2012.

Julie Lusthaus spoke at a workshop entitled "Career Alternatives: Franchising - It's NOT Just Burgers & Fries," on November 13th, 2012. The workshop was held at Webster Bank, One N. Broadway, White Plains, NY 10604. Click here for more information: Career Alternatives: Franchising - It's NOT Just Burgers & Fries

Michael Einbinder was interviewed on “The Voice of Manhattan Business” presented by the Manhattan Chamber of Commerce. The subject of discussion was "Introduction to Franchising" broadcasted through BlogTalkRadio live on Wednesday, October 10, 2012, at 12:00 Noon. Click here to listen to the interview.

Michael Einbinder and Julie Lusthaus participated in the Manhattan Chamber of Commerce Event for Veterans on May 22, 2012. This event provided veterans with information about owning their own businesses and owning franchises in particular.

Einbinder & Dunn exhibited at the International Franchise Expo on June 15-17, 2012 in NYC. This Expo was intended to be one of the most comprehensive learning experiences about franchising to be conducted. If you are interested in obtaining more information about this event or franchising in general, please contact us.

Michael Einbinder has been named a Legal Eagle by franchise-industry publication, Franchise Times. The magazine bases this designation on peer recommendations and contributions to the franchise industry, such as writing for legal publications and speaking at franchise events. Michael has received this recognition for the last seven years.

Click here to listen to the interviewJulie Lusthaus was interviewed on WVOX 1460 AM by Marsha Gordon, President and CEO of The Business Council of Westchester about issues in franchising. Click here to listen to the interview.


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Einbinder & Dunn, LLP
104 West 40th Street, Floor 20
New York, NY 10018
Toll Free: 866-490-4909
Phone: 212-391-9500
Fax: 212-391-9025
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159 Millburn Avenue
Millburn, NJ 07041
Toll Free: 866-490-4909
Phone: 973-921-2000
Fax: 973-921-2929
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