January 31, 2023

Trade Secret/ Restrictive Covenant/Non-Disparagement Law Update

Trade Secret/ Restrictive Covenant/Non-Disparagement

What Can You Do if a Former Employee is Bad-Mouthing Your Company and You Have a Non-Disparage Agreement and Arbitration is Mandatory?

Easy: Even though an agreement to arbitrate is enforceable, in situations like this you can start an Article 75 Proceeding seeking a preliminary injunction in aid of arbitration; and, ask that the court to prevent the employee from publicly disclosing confidential information and publicly disparaging your company and personnel,

The employee quit there job and then posted YouTube videos in violation of the employment agreement. 

The court agreed with the employer, determining that the injunction will bar the employee from disparaging the company or its personnel on any platform, anywhere in the world. 

Click HERE to read the case.

Joseph D. Nohavicka


With over 30 years of experience in the law, Joseph D. Nohavicka (Joe) is fully qualified to take on any case at any given moment. Joe’s practice focuses on employment, commercial, insurance, ethics, criminal and general appellate trial, and pre-trial litigation.

Joe is acknowledged in the profession for his performance in the courtroom. He is also a prolific legal commentator with multiple publications in the prestigious New York Law Journal and the New York State Bar Journal.

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