There is a fifth decision involving a noncompete under the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L - and it provides some helpful guidance.
Although five noncompete bills were pending before the Massachusetts legislature this year, none has passed.
The Supreme Judicial Court’s seminal 1922 case, Sherman v. Pfefferkorn, remains relevant even today, despite being partially negated by statute.
Happy 4th! After three and a half years, we are finally seeing more cases — and more judicial decisions — involving noncompetes subject to the Massachusetts Noncompetition Agreement Act (the “MNAA”), G. L. c.149 § 24L. And, we now have a third and fourth decision.
Our legal system is far from perfect. And, unfortunately, it frequently permits abuses. In the context of restrictive covenants and trade secret claims, oftentimes it’s an overly-aggressive forme...
We’re nearing three years to the day that the Massachusetts Noncompetition Agreement Act has been in effect. While we have only two decisions so far that provide any insight into some of the more thorny questions about the statute, we seem to be on the cusp of getting at least one new data point.
A recent paper, “The Ethics of Noncompete Clauses,” by University of Georgia Professor Harrison Frye, expands the policy discussion around noncompetes, and argues for a more thoughtful analysis. As Professor Frye details, seeing noncompetes “as solely advancing the interests of employers is myopic.”
On Thursday, July 15, 2021, United States District Court Judge Hillman issued what I believe is the first (readily available, anyway) non-dicta, substantive decision on the Massachusetts Noncompetition Agreement Act (the MNAA). Read more about Judge Hillman dismissal of a claim based on a nonconforming noncompete in KPM Analytics North America Corporation v. Blue Sun Scientific, LLC (C.A. No. 4:21-cv-10572-TSH).
As set forth in the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L, “[a] noncompetition agreement [entered into on or after October 1, 2018] shall not be enforceable against . . . employees that have been terminated without cause or laid off . . . .” Id. at § 24L(c).
“Without cause” is not defined in the statute. Worse, its meaning – particularly when juxtaposed against the category of “laid-off” workers – is unclear.
“Without cause” is not defined in the statute. Worse, its meaning – particularly when juxtaposed against the category of “laid-off” workers – is unclear.
With the 2019-2020 legislative session coming to an end in Massachusetts, we review the status of outstanding noncompete-related legislation pending at the statehouse.
Recent cases suggest that courts are not reflexively responding to the impacts of COVID-19 by denying preliminary injunctive relief. They continue to evaluate the need for injunctive relief as before, and are simply adding the impacts of the pandemic into the mix as appropriate.
Given the recent changes to Indiana law and Virginia law, both of which take effect on July 1, I have again updated my 50 State Noncompete Chart. The chart is now current through June 27, 2020. A...
The Massachusetts Noncompetition Agreement Act (the “NAA”) does not impose on a “garden leave clause” the same requirements it imposes on a noncompetition agreement. The NAA states that, ...
The First Circuit’s long-awaited decision in NuVasive v. Day has finally arrived! And, it’s a big nothing burger: nothing new about the new Massachusetts Noncompetition Agreement Act, G.L....
*This post was originally published by Erika Hahn and me on Massachusetts Lawyers Weekly under the title, “Consideration happens, but not during garden leave.” The 2018 Massachusetts noncompet...
New year, new laws, new issues: First, at the state level... A number of states have modified their noncompete laws last year: Florida: banned noncompetes for specialist physicians in certain...
Earlier this year, Senator Bruce Tarr introduced a bill to address one of the open issues under the new noncompete law. Specifically, the new noncompete law prohibits the enforcement of noncompetes...
Since the beginning of this year (2019), the Massachusetts legislature has been quietly considering adding another exemption to its noncompete laws. This one would be for physician assistants (PAs)....