Attorneys at Foley Hoag Law Firm use their noncompete law blog, the Massachusetts Noncompete Law Blog to keep readers up to date on legal advancements pertaining to trade secrets and related issues such as Fiduciary Duty, Legislation, Noncompetes, and Unfair Competition.
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A recent case decided in the Middlesex County Superior Court illustrates how not every claim of generalized “unfairness” will be sufficient to avoid enforcement of a non-competition agreement. In A.R.S. Services, Inc. v. Baker, the defendant employee worked for A.R.S. Services, a...
Below is a cross-post with the Security, Privacy and the Law blog. Employers increasingly are suing former employees who have left to join or form competing companies using the civil remedies available under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. They use...
A case decided last month in the Massachusetts Superior Court Business Litigation Session shows once again how material changes in the conditions of an employee’s employment can void a previously signed restrictive covenant, especially when the employer gives the employee a new...
This blog has reported on efforts over the past few years to enact legislation that would either prohibit or significantly reform the law of noncompetes in Massachusetts. During 2009 and 2010, these efforts had stalled, for at least two reasons: (1) several...
It's time for another update on the efforts in Massachusetts -- now several years old -- to abolish noncompetes or reform the law governing their enforcement. In the past week, Scott Kirsner has focused again on this issue both in the Boston Sunday Globe and his Innovation...
This decision by a federal judge in Massachusetts enforcing a non-competition agreement is notable for at least two reasons: (1) it presents yet another example of a court in Massachusetts rejecting an argument that California law should govern a non-compete dispute, and (2) it...
An increasingly common scenario in the world of noncompete enforcement is the so-called “race to the courthouse,” where parallel actions are brought in separate jurisdictions about the same dispute. In one case, the former employer seeks enforcement of the noncompete. In the...
This decision from the United States District Court in Boston, denying a request for a preliminary injunction to enforce non-competition and other restrictive covenants, is notable for a few reasons. First, the federal court in Massachusetts issues relatively few decisions involving...
Many thanks to Brad MacDougall of Associated Industries of Massachusetts (AIM) for sending along the text of the revised noncompete bill, which was filed last week. The new bill is here. As David Frank of Mass. Lawyers Weekly mentioned in his recent blog post and Lawyers Weekly reported...
As confirmed here, a bill to reform the law of noncompetition agreements in Massachusetts, which died in the 2010 legislative session, was re-filed on January 19, 2011. Rep. Will Brownsberger, one of the sponsors of the compromise legislation in 2010, stated on his website prior to...