In this issue:

- SPECIAL REPORT: Increased Judicial Scrutiny for Restrictive Covenants and Claimed Trade Secrets

- CLASS ACTION UPDATE: Don’t Overlook CPLR § 901(b): New York’s Protection Against Class Actions for Statutory Penalties

- FLSA ALERT: Court Calls a Fault on Tennis Umpires’ Misclassification Argument

An excerpt from SPECIAL REPORT: Increased Judicial Scrutiny for Restrictive Covenants and Claimed Trade Secrets.

Two decisions from last year reflect the readiness of courts in the Second Circuit to rigorously analyze claims of “protectable interests” proffered by parties seeking to enforce non-compete agreements, and the reluctance of courts to enforce restrictive covenants that are more restrictive than necessary to protect a former employer’s legitimate interests.