In the area
of noncompete agreements, employers often use these provisions as a means to «stipulate» that a violation would cause irreparable harm and thus entitle the company to an injunction preventing the employee from working competitively.
Other states, including New Jersey and Pennsylvania, have proposed legislation that mirrors restrictions in enforceability
of noncompete agreements.
The current issue of Massachusetts Lawyers Weekly features Russell Beck's article about potential changes to the landscape
of noncompete agreements in Massachusetts.
Prevent enforcement
of noncompete agreements against employees who have been terminated without cause or laid off.
Our Labor and Employment team is supported by Russell Beck, who is among the leading authorities in the United States on trade secrets law and the use and enforcement
of noncompete agreements and other restrictive covenants, Stephen Riden, who has years of experience representing clients involved in noncompete and trade secret disputes, Lauren Schaefer, who regularly counsels clients about restrictive covenants and litigates noncompete and trade secrets disputes, and Erika Hahn, who has extensive experience in restrictive covenants and trade secrets disputes.
Following coverage of the use
of noncompete agreements by sandwich maker Jimmy John's, the story focuses on the use
of noncompete agreements for low - wage workers.
On the plaintiff side, we represent employers bringing claims for all types of breaches of employment contracts, including violations
of noncompete agreements, nonsolicitation agreements and relocation agreements.
A notable change includes the elimination of a salary threshold for the use
of noncompete agreements.
The episode, titled «Sign Here, And Stay Here,» focused on the proliferation
of noncompete agreements across various industries.
While the version introduced in the prior session limited the use
of noncompete agreements to employees earning at least $ 75,000, the new bill directs courts to factor in the economic circumstances of, and economic impact on, the employee.
The story focuses on the rising use
of noncompete agreements for workers across the income spectrum, and analyzes the effects of such agreements on worker mobility.
In addition to administering the award - winning Fair Competition Law blog, Russell writes, lectures, and is quoted or cited in connection with various intellectual property and other legal issues, including enforcement and defense
of noncompete agreements, protection of trade secrets, trademark disputes, copyright issues, arbitration, mediation, and binding mediation.
The Symposium will feature discussion and debate about the legal landscape
of noncompete agreements, protection of trade secrets, and job creation in Massachusetts.
The article, published online by Super Lawyers, provides a roadmap to the negotiation and enforcement
of noncompete agreements.
The article covers a pair of decisions by the Business Litigation Session of the Massachusetts Superior Court concerning the enforcement
of a noncompete agreement following the acquisition of the employer by another company.
If I were a cynic or conspiracy theorist, I'd say we had a prima facie case
of a noncompete agreement between Google, westlaw, and lexisnexis.
You need to consider carefully the nature of your trade secrets and how protected they are, and how specific the terms
of your noncompete agreement are - the more specific the better.
Not exact matches
And today, when litigation related to
noncompete agreements and from so - called patent trolls are on the rise, an excess
of court proceedings may have already damaged public offerings and other longer - term prospects.
Avoid areas with excessive regulations or laws governing
noncompete agreements that stifle the growth
of new businesses.
In that decision, Beck Reed Riden LLP's attorneys secured a positive result for their client, a creditor who was seeking to enforce certain
noncompete and nonsolicitation provisions
of a franchise
agreement that it entered into with the debtor.
«The «material change doctrine,» a unique feature
of Massachusetts [noncompetition and non-solicitation]... law, is the principle that a
noncompete agreement is voided if there are material changes to an employee's duties or compensation after the
agreement is signed.»
For up - to - the - minute analysis
of legal issues concerning trade secrets and
noncompete agreements in Massachusetts and across the United States, read Russell Beck's blog, Fair Competition Law.
One reason, Shepherd says, is the increasing number
of employees who are signing
noncompete agreements.
Victoria L. Steinberg concentrates her practice on representing employers and employees in a variety
of employment matters, including workplace investigations, severance and separation negotiations,
noncompete and nonsolicitation
agreements, and discrimination, harassment and retaliation issues.
Stephen Riden has extensive experience litigating business disputes involving breach
of contract, fraud, unfair competition, trade secrets,
noncompete agreements, and healthcare claims.
After all, because ethics codes prohibit
noncompete agreements for lawyers (except in limited circumstances), a firm partner can always leave with a bunch
of clients.
Recently, the White House issued a report entitled, «Non-Compete
Agreements: Analysis
of the Usage, Potential Issues, and State Responses,» relying in part on Beck Reed Riden LLP's research and analysis, including its 50 State
Noncompete Survey.
The law provides exceptions for
noncompete agreements in the sale or dissolution
of corporations, partnerships and LLCs.
Stephen has extensive experience advising clients on the use and enforceability
of noncompete, nonsolicitation, and nondisclosure
agreements.
Stephen has extensive experience litigating business disputes involving breach
of contract, fraud, unfair competition, trade secrets, and
noncompete agreements.
He has represented companies and individuals in matters involving allegations
of breached
noncompete agreements, and frequently advises companies considering or defending litigation over claims
of improper use
of trade secrets.
Consulting with individuals and companies accused
of misappropriating trade secrets or breaching their
noncompete agreements or fiduciary duties
teve has extensive experience litigating business disputes involving breach
of contract, fraud, unfair competition, trade secrets, and
noncompete agreements.
He successfully defended a business in a dispute involving alleged theft
of proprietary materials and
noncompete agreements.
In April 2014, Massachusetts Lawyers Weekly featured Russell Beck's analysis
of what would happen if
noncompete agreements are eliminated in Massachusetts.
For up - to - the - minute analysis
of legal issues concerning
noncompete agreements in Massachusetts and across the United States, read Russell Beck's blog, Fair Competition Law.
She has counseled both corporate and individual clients on the use and enforceability
of noncompete, nonsolicitation, and nondisclosure
agreements, and successfully litigated cases on both sides regarding the enforcement
of such
agreements.
Janette's clients rely on her to help them successfully manage the multiple aspects
of the employment relationship and ever - changing employment laws, including issues
of hiring, discharge, discipline, discrimination, workplace harassment, sexual harassment, family - and - medical leave, overtime and wage - and - hour matters, and restrictive covenants including
noncompete and nonsolicitation
agreements.
When an employer seeks a temporary injunction to enforce a
noncompete provision
of an employment
agreement, it is asking the court to force its former employee stop engaging in the alleged harmful conduct for a specified period.
In the wake
of the recent financial services and housing crisis we have been at the forefront
of trend - setting lawsuits and investigations
of critical importance to the financial services industry — from class actions and commercial litigation to securities enforcement matters, whistleblower / qui tam issues, business methods patent matters, white collar issues, labor and employment (individual and class action) matters,
noncompete agreements, and government regulatory matters and investigations.
The statute includes a core requirement that
noncompete agreements must be «reasonably necessary to protect the legitimate business interest»
of the party trying to enforce the
agreement.