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Category Archives: Non-Competition Agreements
The FTC’s Proposed Ban On Noncompetes – Predictions
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce … Continue reading
The Times They Keep A-Changing: The New Illinois Restrictions on the Use of Non-Compete and Non-Solicit Agreements
The state-by-state non-compete reform movement keeps rolling – this time in the state of Illinois. Effective January 1, 2022, the Illinois Freedom to Work Act has dramatically changed the landscape for employers in that state who desire to use non-compete … Continue reading
The District of Columbia’s Aggressive Ban on Non-Compete Agreements Likely to Take Effect in 2022
In December 2020, the District of Columbia Council passed and in January 2021, Mayor Muriel Bowser signed legislation entitled the Ban on Non-Compete Agreements Amendment Act of 2020 (the “DC Act”). While the effective date of the Act was delayed … Continue reading
The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 2
Following the Massachusetts legislature’s attempt at reform of the use of employee noncompetition agreements last summer, three other New England states – New Hampshire, Maine and Rhode Island –passed their own noncompetition agreement reform bills in the summer of 2019. … Continue reading
The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 1
Most readers are probably aware that the Massachusetts legislature, after a decade of starts and stops, passed a very detailed bill retaining but reforming the use of employee noncompetition agreements last summer. While we were the first New England state … Continue reading
More News on the Noncompete Front: Employers Should Still Expect Strict Scrutiny of Their Restrictive Covenant Agreements
In earlier posts, I reported on the passage of the new Massachusetts Noncompetition Agreement Act, which took effect on October 1, 2018. That Act significantly changed the law in this area, narrowing the permissible protections and imposing several new requirements … Continue reading
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Is Your Noncompete Still Valid? Technically Yes, But . . . Recent Decision Foreshadows How The New Massachusetts Noncompetition Agreement Act May Impact Existing Agreements
In an earlier post, we reported on the passage of the new Massachusetts Noncompetition Agreement Act, which takes effect on October 1, 2018, and significantly changes the law in this area by narrowing the permissible protections and imposing several new … Continue reading
Governor Baker Signs Noncompetition Bill Into Law
Last Friday, August 10th, Governor Baker signed into law the “Act relative to the judicial enforcement of noncompetition agreements” (the “Act”). Governor Baker’s signature came 11 days after the Massachusetts Legislature passed the Act. As Amanda Baer explained in her recent … Continue reading
Posted in Non-Competition Agreements
Tagged Massachusetts, Non-Competition Agreements
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Massachusetts Legislature Passes Long-Anticipated Act Limiting Noncompetition Agreements
On July 31, 2018, the Massachusetts Legislature passed the “Act relative to the judicial enforcement of noncompetition agreements” (the “Act”). If signed by Governor Charlie Baker, the Act will take effect on October 1, 2018 and limit the ability of … Continue reading
“Remembered Information” Not Entitled to Trade Secret Protection
What happens when a former employee, who had signed a non-competition agreement with your company, starts calling on your customers? Can you seek to enforce the agreement and prohibit the former employee from soliciting your customers? Case law in Massachusetts … Continue reading
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