NJ Strikes Non-Competes for In-House Counsel
- Posted by Geoffrey G. Gussis on July 6th, 2006
- Filed in News
New Jersey may not be able to keep its government up and running, but it can protect its in-house counsel - remember this the next time you are tempted to make "Joisey" jokes or ask the perennial favorite "You’re from New Jersey? What exit?". Read on for more details on Opinion 708:
"Fourteen years after the state Supreme Court told firms they could not limit defecting partners’ practices, New Jersey’s ethics gurus have extended the doctrine to in-house lawyers.
In Opinion 708, made public last week, the Supreme Court’s Advisory Committee on Professional Ethics struck down a proposed employment agreement limiting the right of in-house lawyers at Florham Park’s BASF Corp. to move to competitors.
The opinion applies to all the state’s companies.
No-compete covenants are unethical under Rule of Professional Conduct 5.6 because they deny clients’ rights to counsel of their choice. Companies that want to woo away a competitor’s in-house lawyers have the same right, according to the opinion."
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