DRDaniel R. Levy

1. Article · Aug 19, 2026 · Daniel R. Levy

   New York Federal Court Enforces Non-Compete Against Employee Terminated for Cause (opens the original)

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   Last month, the United States District Court for the Northern District of New York granted an employer’s application for a preliminary injunction based on the former employee’s breach of his noncompete. In granting the preliminary injunction, the court in Plug Power, Inc. v. Shokrian, No. 1:26-cv-01277 (N.D.N.Y. Jul. 24, 2026), held that the employee’s access to confidential information, combined with other acts evidencing an intention to compete, was sufficient to establish irreparable harm wit

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2. Article · Jul 21, 2026 · Daniel R. Levy

   Delaware Refuses to Blue Pencil Overbroad Restrictive Covenants Following Business Acquisition (opens the original)

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   In a recent opinion, the Delaware Court of Chancery refused to enforce or blue-pencil restrictive covenants imposed after a national restoration company acquired a local restoration business. Although it is an unpublished opinion, the case presents another example of the Delaware Court of Chancery refusing to blue pencil an overbroad restrictive covenant agreement. In BluSky Restoration Contractors, LLC v. Robbins, C.A. No. 2025-0726-DH, the plaintiff, BluSky Restoration Contractors, purchased a

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