Courts in New York have long required that non-competes and other post-employment restrictive covenants be supported by adequate consideration in order to be enforceable. In a recent article in Hedge Fund Law Report, partners Jon Shepard and Eric Dowell "provide practical advice on how to draft non-compete language that is likely to be held enforceable even where there is no provision for that pay during the subject non-compete period."
The article can be read in its entirety here, and a link to their previous article explaining how non-reliance clauses are treated by New York courts can be found here.
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