Governor Baker Signs Noncompete Bill

As expected, yesterday (August 10, 2018) Governor Baker signed the new Massachusetts noncompete bill into law.   A summary of the law is here.  Although some industry groups were urging the governor to reject the bill or send it back to the legislature to correct flaws and ambiguities, he signed it without changes.

The law takes effect on October 1 and will apply to non-competition agreements entered into on and after that date. … More

MA Legislature Passes Noncompete Reform Bill

After years of debate, the Massachusetts legislature late last night passed a comprehensive noncompete reform law.  If, as expected, Governor Baker signs the bill in the next 10 days, it will take effect on October 1, 2018 and apply to agreements executed after that date.  (It does not apply retroactively to existing agreements.)

As the summary below makes clear, the law represents a compromise between those who believe noncompetes should be abolished because they are fundamentally unfair to employees and bad for the Massachusetts economy,… More

MA Legislative Session Ends Without Noncompete Compromise

The Massachusetts legislature ended its 2015-16 session last night without reaching a compromise on a bill to significantly reform the law of non-competition agreements in the Commonwealth. Negotiations continued late into the waning hours of the session, but legislators could not resolve the significant differences between the competing reform visions represented by the House and Senate bills.  Early reports indicate that the final disagreement was focused on the garden leave requirement,… More

MA Senate Passes Stringent Noncompete Bill

As expected, the Massachusetts Senate last night passed comprehensive legislation on non-competition agreements that imposes significantly more stringent requirements and limitations on noncompetes than is present in the legislation passed by the House two weeks ago (which already would significantly alter current law).  The bill passed by the full Senate differs only slightly from the the proposal advanced by the Rules Committee earlier this week and described in this post.  … More

MA Senate’s Proposed Noncompete Bill is MUCH More Stringent Than House Bill

The Massachusetts Senate’s Committee on Rules is advancing legislation on noncompetes that differs markedly from the bill passed by the House and described here last week.  (Thank you to Brad MacDougall of AIM for bringing this to my attention.)  The bill, S.2418, is structured similarly to the House bill, but has the following significant differences:

  • Noncompetes generally would be limited to 3 months in duration,…
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MA House Passes Significant Noncompete Reform Bill

On June 29, 2016, the Massachusetts House of Representatives passed a comprehensive noncompete reform bill by a vote of 149-0.  Given that the Senate last year passed a somewhat similar bill (but the legislation stalled on the House side), it seems quite likely that a new noncompete law will be passed by the legislature before the close of the current session on July 31.  Whether the Governor will sign it is uncertain.  … More

Noncompete Reform Finally May Be Coming to Massachusetts

2000px-Seal_of_the_House_of_Representatives_of_Massachusetts.svg_-300x300After falling off the radar recently, it appears that non-compete reform is back on the agenda on Beacon Hill.  As reported by the Boston Globe, in a March 2, 2016 speech to the Greater Boston Chamber of Commerce, House Speaker Robert A. DeLeo voiced support for placing restrictions on non-competition agreements.  Among the measures advanced by DeLeo were: (1) limiting the duration of non-competes to 1 year;… More

California Case Highlights Need to Look Before You Leap . . . and File Suit

Late last month, the California Court of Appeal upheld a $180,000 award of sanctions against an employer for bringing a baseless trade secret misappropriation suit. While this case arose in California and involved California law, it involves concepts that have been recognized by Massachusetts judges and shows the possible consequences of the common impulse to file a lawsuit quickly and ask questions later.

In the California case, Cypress Semiconductor Corp.… More

Former Employer Bounced From Court – Forced to Arbitrate Noncompete Claims

A recent decision from Judge Kaplan in the MA Business Litigation Session highlights some interesting issues that arise when a noncompete case is complicated by the existence of an agreement to arbitrate claims. In Tibco Software, Inc. v. Zephyr Health, Inc. and Kevin Willoe,  Kaplan required a plaintiff seeking to enforce restrictive covenants to arbitrate – rather than litigate in court – claims against both the former employee and his new employer.… More

MA Senate Passes Noncompete Reform Bill

Here is significant news on the MA noncompete reform front.  Yesterday, as the Massachusetts legislature’s Joint Committee on Economic Development and Emerging Technology was hearing testimony on the pros and cons of non-competition agreements, and the Governor’s Secretary of Housing and Economic Development was signalling a willingness to compromise, the Senate somewhat surprisingly passed a recently introduced compromise bill, by a vote of 31 to 7.  This is a significant departure from the outright ban proposed by the Governor and advocated by various groups.  … More