What is the test for an anti-competition clause in a partnership agreement?
The following excerpt is from Denburg v. Parker Chapin Flattau & Klimpl, 604 N.Y.S.2d 900, 624 N.E.2d 995, 82 N.Y.2d 375 (N.Y. 1993):
Analysis begins with Cohen v. Lord, Day & Lord. There, we held that DR 2-108(A) of the Code of Professional Responsibility--which states that a lawyer may not "participate in a partnership or employment agreement with another lawyer that restricts the right of a lawyer to practice law after the termination of a relationship created by the agreement"--reflects public policy, rendering certain anticompetition clauses void and unenforceable.
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