This blog focuses on developments in Massachusetts in the areas of covenants not to compete, non-solicitation and non-disclosure agreements, trade secrets and the many related issues that arise when employees move between employers. As court decisions and other legal developments arise, this blog will describe them and discuss their implications for the businesses and individuals affected by them.
In several of the industries that are significant drivers of the Massachusetts economy – including high technology, life sciences and financial services – employers routinely require employees to sign various types of agreements restricting their activities during and after their employment. Because, in a sense, a company’s intellectual property is placed at risk every time a valued employee walks out the door, the movement of talent between companies – particularly competitors – begets litigation.
An employer’s ability to enforce such an agreement under Massachusetts law depends on many factors, and the law is constantly evolving, particularly at the trial court level, as appellate court decisions in this area are infrequent. Massachusetts trial court judges are constantly issuing decisions on requests for injunctions and other emergency relief based on claims related to non-competes and other restrictive agreements.
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