IPSOS-INSIGHT, LLC, Plaintiff, -v- JACOB GESSEL, Defendant., 547 F. Supp. 3d 367

Summary

HOLDINGS: [1]-Where a company sued its former employee, a lawyer, for breach of a non-compete agreement when he resigned to work for a competitor, dismissal for failure to state a claim was warranted because the non-compete agreement was per se unenforceable under New York law as it violated N.Y. R. Prof. Conduct 5.6 (22 NYCRR 1200.0), which prohibited a lawyer from any agreement that restricted his or her right to practice law after the termination of the relationship; [2]-Further, applicable precedent from the New York Court of Appeals held that non-compete agreements between lawyers and law firms were unenforceable in light of Rule 5.6(a), and this ruling was binding.