10/17/2006
New Jersey Advisory Opinion Applies Ban on Restrictive Employment Agreements to In-House Attorneys
N.J. Advisory Committee on Professional Ethics, Opinion 708, July 10, 2006
Brief Summary
Provisions in a restrictive covenant required as a term of employment for in-house counsel violate the New Jersey Rules of Professional Conduct to the extent that they restrict the lawyer’s ability to work for a new employer or prevent him from hiring the best people to work with him at his new employer. Requiring an in-house lawyer to keep confidential information that the lawyer has learned during his employment is not a violation, but the lawyer’s obligation of confidentiality cannot be further extended.
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