Former Big 4 partner, 13 months into my new gig. Signed a 2 yr, standard NDA. Do I really have to wait 2 years to call a former client?

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A former colleague left our firm and distinguished himself (at least among his former colleagues) by his fidelity to his non compete. Seems that honor matters to some…

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What does an NDA have to do with calling clients?

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An NDA, a non-compete, and a lights out period are not the same things. What does what you signed say about former clients?

I left a big 4 and I had 2 year NDA, a 12 month non compete and lights out on named clients for a period related to the value of their business and my interactions with them. Those were a defined number of months or until they took a new role - whichever happened first.

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If you live in CA, your non-compete is invalid (state law went into effect 1/1/24).

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Partners, who sign partnership agreements

KPMG will come after you with a letter but your counsel will likely tell them to bugger off. They have so many people leaving they can't fight everything. Same situation with EY.

Have a heartbeat and apply

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State law will control. Broadly speaking, judges do not like NDAs, but they will enforce them

Some firms try to enforce more than others. However, it’s usually very easy to defeat with the right attorneys. It just depends on if your current firm wants to spend the billable hours on a law firm to send out response letters to the old firm. Usually they back off unless you are putting in jeopardy a real make/break client project of theirs.

Sorry, also 2 year non compete…does that hold up in NY? If so, for how long?

Maybe talk to a local attorney - I’m in VA and NCA’s are interpreted very, very narrowly and are generally unenforceable.

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