New Edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants Now Out!

I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenantsis now out!

This edition adds the Massachusetts Noncompetition Agreement Act (the “MNAA”), which became effective on October 1, 2018, and incorporates hundreds of cases addressing the underlying principles of law.

The book is broken down into five chapters:

  • Introduction, explaining the role of noncompetes and other restrictive covenants, identifying the trends in business and technology that have increased the importance of these agreements, and discussing the importance of an in-depth understanding of the subject matter in seeking (or defending against) their enforcement.
  • The Law of Restrictive Covenants, including the standards for consideration, reasonableness, duration, geographic reach, restricted activities, and legitimate business, notice requirements, and a review of recent legislative and regulatory activity in Massachusetts, other states, and the federal government relating to the scope and enforceability of noncompetition agreements, as well as my chart summarizing the noncompete laws in every state.
  • Negotiating and Drafting Noncompetition Agreements, including issues surrounding choice of law and forum selection provisions.
  • Enforcing and Defending Against Noncompetition Agreements, including the standards for TROs and preliminary injunctions, damages, and defenses.
  • Other Laws, including the Defend Trade Secrets Act, the Massachusetts Uniform Trade Secrets Act, the Computer Fraud and Abuse Act, and G.L. c. 93A (the Massachusetts unfair competition statute).

Written for lawyers practicing in the area of restrictive covenants law, the book explains the law and provides practical guidance and case support for drafting restrictive covenants and litigating noncompete disputes – whether as a plaintiff or defendant.

Though standing on its own, the book is also intended to be used in conjunction with Trade Secrets Law for the Massachusetts Practitioner (1st ed., MCLE 2019), when noncompete agreements are used to protect trade secrets.

Finally, I would be remiss if I did not mention that I could not have completed this book without the extraordinary efforts and assistance of Erika Hahn, my paralegal and dear friend, who not only worked extensively on the substance, but exhaustively managed my practice and me to ensure that I spent the necessary time getting the book done. Thank you Erika. Similarly, I thank my wife Jill not only for carrying the torch at home and ensuring that I used our weekends to write, but for her great patience while I did. I also could not publish any book without thanking my boys, Tyler and Jake – just because. Nor could I publish a book on the law without thanking my favorite (and still only!) father-in-law, Solomon Feldman, who has been an endless resource throughout my career. Likewise, thank you to my partners, colleagues, and friends, Steve Reed, Steve Riden, Bob SheaNicole Daly, Laura Raisty, Heather Kraus, Nicole Gage, Jillian CarsonKyle VieiraPaula Astl, with a particular thank you to Hannah Joseph, who helped me edit several parts of the book over the years.