Category Archives: Unfair Competition

Defense that Defendant Employee was “Set Up” Does Not Hold Up in Contempt Case

In a case that was decided last year but that last week received attention from Massachusetts Lawyers Weekly, Judge Renee Dupuis of the Norfolk County Superior Court ruled that a defendant employee violated a preliminary injunction by hatching a plan either to steal clients from his former employer or to destroy his former employer’s business. […]

Executives (and One Law Firm) Allegedly Behaving Badly

A number of cases involving former executives have received national attention recently and serve as a good reminder that trade-secret, non-solicitation, and non-competition controversies can arise at the highest level of a company. Another recent case also serves as a reminder that trade-secret claims should be filed only when there is a good-faith basis to do […]

Report: Employee Theft of Information is Pervasive

Multiple media outlets (see here  and here, for example) have been covering an alarming report jointly issued recently by the Ponemon Institute, an Arizona-based research group, and Symantec Corp., that data theft is common among departing employees. As reported in the Washington Post, the most significant finding of a joint survey of employees who left a […]

Recent Decision Highlights Risks of the “No-Noncompete” Situation

While some in the business community continue to focus on whether the ability to enforce noncompetes in Massachusetts places the state at a competitive disadvantage vis-à-vis Silicon Valley, a recent decision from the Massachusetts Superior Court’s Business Litigation Session – Network Systems Architects Corp. v. Dimitruk — highlights the difficulties departing employees and their future employers […]