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Enforcing a Non-Solicitation Clause in New York After BDO Seidman: Myths About 'Legitimate Interest' in Client Relationships
Many business owners think that once a salesperson or professional signs a non-solicitation clause in New York, they can stop that person from contacting any former client, period. That's not how New York law works. Since the Court of Appeals decided BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999), courts have cut these clauses down to only the clients the employee developed using the employer's resources. If your top producer walks out and calls accounts she brought in hersel

Reza Yassi
6 days ago


The Faithless Servant Doctrine in New York: How Employers Claw Back Compensation from Disloyal Employees
Updated October 23, 2026 Your controller of nine years just resigned. On the way out, your accountant discovers she'd been steering vendor rebates into a shell LLC she owned, kicking back a slice of your Long Island City warehouse lease to her brother-in-law, and quietly consulting for a competitor on nights and weekends. You want to sue for the stolen money, but you also want the six years of salary, bonuses, and profit-sharing you paid her while all of this was happening. I

Reza Yassi
Aug 28


Injured in a Construction Fall in New York? Understanding the Rojas Decision
Falls from ladders, scaffolds, and elevated work platforms are among the most common causes of life-changing injuries on New York job sites. When a fall occurs because the “protection” did not actually protect you, New York law can shift accountability to those who controlled the worksite. A new appellate decision, Rojas v. 616 First Ave., LLC, (2026 NY Slip Op 00164) (2d Dept. Jan. 14, 2026), exemplifies how courts look beyond the label on a safety device and focus on what i

Reza Yassi
Jan 28


PROTECTING YOUR COMMISSIONS
Protecting Your Commissions is a practical guide for commission-based employees navigating unlawful clawbacks and forfeiture provisions under New York law. It explains when commissions are legally “earned,” why many employer “advance” and “draw” arrangements are unenforceable, and how doctrines like prevention and good faith limit employer control. Clear, statute-driven, and grounded in real disputes, the book shows employees how to identify violations and protect pay they ri

Reza Yassi
Jan 17

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