Monthly Archives: August 2013

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

Litigation Over Noncompete Clauses Is Rising

            A Wall Street Journal article published yesterday states that litigation over employee noncompetes has risen by more than 60% in the past decade, and this increase is affecting entrepreneurs who are unable to leave their current jobs to start new businesses or hire employees.  This generally is the argument in favor of reform legislation, such as what has been proposed in Massachusetts, to limit or even eliminate noncompetes,… More