Experienced Advocates for Executives.

Beginning and ending a relationship with an employer can be a fraught process, and people often feel out-gunned by their employers, who may have retained large law firms or have a staff of in-house counsel to represent them.

At Menken Simpson & Rozger, we help even the playing field for our clients. We have been advising individuals on executive compensation, employment contracts and restrictive covenants for decades, and can give sound advice on protecting your rights to bonuses, stock options, commissions, deferred compensation and health and disability benefits and insurance. We know that most employment relationships end and we work with you to ensure that non-compete and non-solicitation terms don’t limit your future employment opportunities.

We can work behind the scenes in an advisory role or negotiate directly with your prospective or former employer’s counsel.

Our executive clients appreciate our transparent and flexible fee arrangements as we will work on an hourly, hybrid or partial contingency basis. Often times, we will work on a complete contingency fee, depending on the case.   

We represent executives in the financial (including banks, hedge fund and private equity companies), telecommunications, advertising, healthcare, insurance, fashion and publishing industries, as well as other professionals in the medical, dental and legal fields. Name partner Bruce Menken has particularly deep experience representing doctors, medical practitioners and lawyers in their employment matters.

We have counseled and negotiated on behalf of executives when they enter and exit their positions. We often advise executives with the formation of their employment contract and represent them again when they depart. Aggressive and tactical negotiation for recently terminated executives is a large part of our firm's work and, with our combined 70 years of experience, we will formulate a strategy to help leverage your legal position to obtain a favorable severance package.

We know the issues and we know how to negotiate, but we don’t shy away from litigation or arbitration when it is necessary to protect our clients’ rights, and our track record speaks for itself.

Recent Results

  • Successful Resolution of a contract dispute on behalf of a NYC real estate executive who sought and obtained full value of his equity in related partnerships.

  • Successful Resolution of an employment contract’s “cause” provision on behalf of a financial executive who was a minority shareholder in an American and Mexican start-up equipment leasing company.

  • Successful Resolution and Payment of commissions owed to a junior NYC real estate sales executive.

  • Successful Resolution of fraud claim brought on behalf of NYC debt capital markets director.

  • Advised and Counseled mid-level marketing executive starting at Australian real estate investment company.

  • Successful Resolution of CEO under fire for sexual harassment claims. 

or call us (212) 509-1616

 

Restrictive Covenants: Non-Compete & Non-Solicit Agreements

Employers frequently require executives and professionals to enter into non-compete and/or non-solicit agreements to restrict their future business opportunities. If legally enforceable, non-compete agreements identify certain entities that employees must refrain from working for after their current employment relationship ends. Non-solicit agreements identify certain clients, customers or investors that employees are prohibited from soliciting or contacting for business purposes after their current employment relationship ends. Non-solicit agreements often prevent employees from contacting their former colleagues to ask them to come work for or with them at their new business. These agreements can be complex and, if ignored or taken lightly, can handicap employees in the future. 

At Menken Simpson & Rozger, we have substantial experience counseling our clients concerning non-compete and non-solicit agreements. It is critical to obtain advice before you enter into such agreements, during your employment before moving to another job, and after your employment has terminated. Of course, it is critical that former employees being threatened with litigation for supposedly violating such agreements obtain experienced counsel.  

Contact the attorneys at Menken Simpson & Rozger to review the agreement, assess its enforceability and strategize with you to decide the most prudent course of action. Defenses can be raised that may decrease or eliminate the restriction. If necessary, we will vigorously represent you in court.


Recent Results

  • Provided advice and commenced an action seeking an injunction and damages on behalf of a healthcare executive who had signed an over broad non-compete agreement upon his hire.

  • Counseled physician who had signed a non-compete and non-solicit prior to his move from one medical partnership to another.

  • Counseled and defended a web-based advertising executive who was seeking to move to a new position working for another company in the same industry.

  • Successful representation of a sales and marketing executive seeking to solicit investors she had established relationships with prior to working at the hedge fund she was leaving.

  • Provided advice and commenced an action seeking an injunction and damages on behalf of a dental practice against a rogue dentist preventing him from violating the terms of his employment agreement. 

If you are being asked to sign a non-solicit or non-compete agreement, if you have questions about an agreement you’ve already signed, or if you are being threatened with litigation for allegedly breaching such an agreement, contact us to schedule a consultation.

or call us (212) 509-1616