What You Need to Know Now - Changes to Massachusetts Noncompetition and Trade Secret Law

McDermott Will & Emery
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Summary of Key Changes –

..Applies to all noncompetition agreements entered into on or after October 1, 2018

..Generally limits post-employment noncompetition periods to amaximum duration of 12 months

..24 months permitted for breach of fiduciary duty or unlawful taking of property

..Absent agreement to the contrary, employers must pay employee 50% of the former employee’s base salary during the period of restriction (so-called “garden leave clause”)

..A noncompete is not permitted against former employee whose employment is terminated without cause by the company unless entered into in connection with leaving the company

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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