Author Archives: Dan Blake

New Noncompete Agreement Law in Massachusetts

Introduction On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  The bill was signed by Governor Baker on August 10, 2018, and the law will go into effect on October 1, 2018.  The new law will apply only to agreements that are signed on or after October 1, 2018. The law does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements. Coverage The new law applies to …

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Noncompete Agreement Bill Finally Passes in Massachusetts

On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  If the bill is signed by Governor Baker, the law will go into effect on October 1, 2018, and will apply only to agreements that are signed after that date.  The bill does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements.  Click here for the full alert.

Five Mistakes To Avoid in Drafting Non-Compete and Non-Solicitation Agreements

Employers often seek business protection by entering into agreements with employees that restrict their business activities after leaving employment. Such agreements may prohibit former employees from using confidential information, from soliciting customers or employees, and from competing against the employer. Time is of the essence when an employer learns that a former employee is violating his or her contractual obligations. Typically, the employer will quickly send a “cease and desist” notice to the employee and to his or her new employer. In some instances, the employer will also seek an expedited order in court that prohibits the former employee from …

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Are You Hiring Litigation?

Understanding and Managing a New Hire’s Contractual Obligations To a Prior Employer Prudent employers take steps to ensure that their employees do not disclose their confidential information and, in appropriate circumstances, contractually restrict them from soliciting their customers and employees after leaving employment.  But what about the contractual restrictions that new employees may have to their former employers?  The time to find out about non-compete, non-solicitation and non-disclosure agreements is during the hiring process.  Overlooking this key step in hiring due diligence can have dire consequences.  The new employer may be sued for damages by the former employer for interfering …

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