Tag Archives: material change

First Circuit Affirms Injunction Enforcing Non-Solicitation Agreement Against Sales Director, Applies Delaware Choice Of Law Provision Against Massachusetts Resident

Last week, the First Circuit affirmed a preliminary injunction enforcing a one-year non-solicitation agreement against the Massachusetts-based former sales director of a California-based health care company that develops products to treat spinal disease. The sales director resigned from his position with the health care company to found and work for an exclusive distributor for the health care company. A few months later, the sales director dissolved his new company,… More

More on “Material Change” and Legislative Update

The “material change” defense is clearly the issue du jour in the world of Massachusetts noncompete law.  This week the Boston Business Journal devoted  a front page piece largely to this topic, under the headline that noncompetes are “getting harder to enforce.”   Earlier this month, my colleague and fellow blogger, Brian Bialas, expanded on the topic (among others) in analyzing a particularly interesting recent court decision in the Massachusetts Lawyers Journal.   … More