In case you were wondering what states have changed their noncompete laws in the past decade or so, we have created a list with links to more information about each of the changes.
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.
Given that good CLE programs can be hard to identify, I put together a list of a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in.
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.
In case you were wondering what states have changed their noncompete laws in the past decade or so, we have created a list with links to more information about each of the changes.
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...
No one ever points to North Dakota’s or Oklahoma’s ban on noncompete as producing a thriving tech sector, because they haven’t. Yet, somehow think that the same ban in California is why we have Silicon Valley. This assumption is wrong for multiple reasons. Worse, it leads to poor policy.
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.
As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. However, given that CLE programs are still remote and can be hard to identify, I t...
Misconceptions about noncompetes abound. And, as noncompete agreements are increasingly in the cross-hairs of the media and legislators, it has become increasingly clear that some of the most vocal de...
As regular readers of this blog know, I focus on providing content and rarely suggest programs to attend. However, given that CLE programs are still remote and can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs. Take a look.
The Business Litigation Session (the “BLS”) of the Massachusetts Superior Court just issued a decision on the scope of preemption under Massachusetts “new” (effective October 1, 2018) trade secret law, the Massachusetts Uniform Trade Secrets Act (sometimes referred to as “MUTSA,” and other times as “MTSA”). See what it says.
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.
As regular readers of this blog know, I focus on providing content, and don’t often suggest programs to attend. However, it just so happens that over the course of the next week, there are three programs that all provide some helpful insights, each in a different way. Take a look.
This seems to be the month for unicorns. In the past 30 days, we have had three. First, there was the trademark case – literally about unicorns. Then, the First Circuit gave us rare insight i...
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....
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)....
It’s just over a year since the “new” Massachusetts Noncompetition Agreement Act took effect, and it already has had some very tangible, positive effects. However, one aspect of the new law —...
With three-plus years of Defend Trade Secrets Act (the "DTSA") law under our belts and almost a year of the "new" Massachusetts new trade secrets law, my new book, Trade Secrets Law for the Massachus...