News & Analysis as of September 19, 2024

Non-Compete Agreements › Material Change Doctrine

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/21/2023

A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the...more

No Good Deed Goes Unpunished: Return to Work May Mean Reduced Protections for Trade Secrets and Customer Goodwill

Seyfarth Shaw LLP on 6/19/2020

Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees are being rehired and reactivated. ...more

Federal Judge Confirms That Massachusetts’ New Non-Compete Law Does Not Require Garden Leave or Massachusetts Choice of Law

Seyfarth Shaw LLP on 6/5/2019

As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. Readers of this blog will recall our concerns that the new...more

Will The Material Change Doctrine Reduce Your Ability to Enforce Your Non-Competes?

Pullman & Comley, LLC on 3/12/2014

Consider this: An employee signs a perfectly reasonable non-compete/non-solicitation agreement at the inception of employment. The employee remains with the employer for ten years and during that period, receives several...more

Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law

Littler on 6/14/2013

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an...more

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