This case serves as a good reminder that non-competes are not dead in the U.S. Despite the publicity around the FTC's ban on non-competes (which has been enjoined by two district courts for now), states remain free to interpret their own laws to determine whether non-competes are valid. And in this case, where an executive was seeking to move from Massachusetts to California to change jobs from DraftKings to Fanatics, the Massachusetts court decided that Massachusetts law applied, not California law. In so doing, the Massachusetts court recognized that non-competes are valid in Massachusetts, upholding the enforceability of that covenant.
Non-competes are still alive in many states.
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