Monthly Archives: March 2012

Middlesex Superior Court Not Persuaded by Estoppel Argument in Non-Compete Case

A recent case decided in the Middlesex County Superior Court illustrates how not every claim of generalized “unfairness” will be sufficient to avoid enforcement of a non-competition agreement. In A.R.S. Services, Inc. v. Baker, the defendant employee worked for A.R.S. Services, a company in the disaster restoration field, and had signed an agreement with non-competition […]

New Case Highlights Split of Authority Interpreting the Computer Fraud and Abuse Act

Below is a cross-post with the Security, Privacy and the Law blog. Employers increasingly are suing former employees who have left to join or form competing companies using the civil remedies available under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. They use the CFAA to prevent their former employees from using sensitive […]

If the Terms of Employment Change, Employees May Need to Sign New Non-Competition Agreements

A case decided last month in the Massachusetts Superior Court Business Litigation Session shows once again how material changes in the conditions of an employee’s employment can void a previously signed restrictive covenant, especially when the employer gives the employee a new non-competition agreement but the employee never signs it.    The lawsuit was brought by […]