HSW Defeats Financial Services Firm’s Efforts to Enforce Non-Compete

October 31, 2022

HSW partners David Wechsler and Adam Oppenheim successfully fought off a recent effort to restrain their client from taking a position at Ernst & Young / Parthenon. The Capital Markets Company (“Capco”) had claimed, in an emergency petition to the Southern District of New York,  The Capital Markets Company, LLC v. Halpern, 1:22-cv-07637, that its former employee should be prohibited from taking a new job -- despite various assurances including that he would not be using any of Capco’s confidential information at his new position. Judge Katherine Polk Failla concurred that Capco did not meet the exacting standard imposed under New York law to prevent someone from earning a living, and ruled that that Capco had, among other things, failed to show that it had a likelihood of success on its claims.