Tag Archives: noncompete

A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions

The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in structuring non-competes that balance their need to attract talent with their need to protect confidential and sensitive information, while preventing unfair competition by former employees. … Continue Reading

Impact of New Massachusetts Noncompete Law on Emerging Tech Companies

The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 24L, has been the law of the Commonwealth for almost four months. The statute only applies to agreements entered into between employers and certain employees and independent contractors on or after Oct. 1, 2018, so the law’s ramifications are still largely yet to be determined. Nevertheless, … Continue Reading

Significant Changes Ahead as Massachusetts Noncompetition Agreement Act Signed Into Law

On August 10, 2018, Governor Baker signed into law the Massachusetts Noncompetition Agreement Act (the Act). The new law brings significant changes to the use and enforcement of noncompetition agreements in Massachusetts. The Act was passed as part of a comprehensive economic development bill and applies to noncompetition agreements entered into on or after October … Continue Reading

Fifth Circuit Clarifies and Complicates Choice of Law Analysis of Interstate Restrictive Covenants

As companies grow and expand into multiple U.S. states, particularly in our increasingly knowledge and relationship-based economy, determining the applicable law for companywide restrictive covenants can be puzzling. Determining which law applies can make the difference between enforcement or the inability to enforce the covenants. In Cardoni et al. v. Prosperity Bank (Case Nos. 14-20682 … Continue Reading
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