Late last spring we reported on the second published decision out of the District of Massachusetts citing the Massachusetts Noncompetition Agreement Act (“MNCA”), NuVasive, Inc. v. Day....more
Legislators in the Commonwealth of Virginia, the site of Patrick Henry’s infamous “Give me liberty, or give me death” speech, have enacted legislation that gives more liberty to low-wage workers looking to leave for greener...more
For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more
2/5/2020
/ Business Disputes ,
Competition ,
Confidential Information ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Employment Contract ,
Equitable Tolling ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Shareholders ,
Tolling Agreement ,
Trade Secrets ,
Written Agreements
A group of 18 state attorneys general (the “AGs”) recently filed comments with the Federal Trade Commission (“FTC”) in advance of a series of hearings centered on changes to antitrust and consumer protection enforcement in...more
8/5/2019
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Horizontal Agreements ,
Intellectual Property Protection ,
Labor Regulations ,
No-Poaching ,
Non-Compete Agreements ,
Regulatory Oversight ,
Restrictive Covenants ,
State and Local Government ,
State Attorneys General
Washington state has joined the ranks of an ever-growing number of states that impose significant restrictions on employee non-compete agreements....more
5/15/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
As readers of this blog well know, there is a growing trend of state legislatures seeking to limit or outright ban non-competes....more
3/18/2019
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. ...more
3/1/2019
/ Choice-of-Law ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
Readers of our blog will recall that this summer, the Massachusetts legislature passed a non-compete reform bill after nearly a decade of fruitless attempts. The new law goes into effect today, meaning that any agreements...more
10/1/2018
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more
8/3/2018
/ Choice-of-Law ,
Confidential Information ,
Employees ,
Employment Contract ,
Exempt-Employees ,
Garden Leave ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
Legislative Agendas ,
Misappropriation ,
Non-Compete Agreements ,
Pending Legislation ,
Reformation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
UTSA ,
Venue
In what has become a highly anticipated annual game of “Will They/Won’t They,” the Massachusetts legislature again failed to pass comprehensive noncompete reform legislation this year, despite much fanfare and high hopes from...more
As we previously reported, Massachusetts is making yet another go at non-compete reform, as the Joint Committee on Labor & Workforce Development introduced a compromise bill at the end of May that has many in the Commonwealth...more
As has been well-chronicled in this blog, Massachusetts and many other states (and even the federal government) have been grappling with proposed legislation that would ban or severely limit non-competes in employment...more
In Seyfarth's sixth installment of our 2015 Trade Secrets Webinar Series, Seyfarth attorneys will discuss the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and...more