Trade Secrets | Noncompetes
*This post was originally published by Erika Hahn and me on Massachusetts Lawyers Weekly under the title, “Consideration happens, but not during garden leave.” The 2018 Massachusetts noncompete law made many significant improvements to preexisting law, but garden leave is not one of them. In October, Erika Hahn and I wrote an article, “The new noncompete … Continue reading Massachusetts Noncompete: Consideration Happens, But Not During Garden Leave
New year, new laws, new issues: First, at the state level… A number of states have modified their noncompete laws last year: Florida: banned noncompetes for specialist physicians in certain underserved communities Maine: banned noncompetes for workers earning less than approximately $50,000, required advance notice that a noncompete will be required and a six-month minimum … Continue reading Quick Tips for the New Year: What to Know About The Recent and Upcoming Changes in Noncompete Laws Around the Country
Thursday is approaching! As mentioned in our last post on the subject, the FTC will be holding a hearing on January 9, 2020 (at 8:30 a.m. at its Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would … Continue reading New Details about the FTC Workshop on Noncompetes
Happy New Year! On January 9, 2020, the FTC will be holding a hearing (at 8:30 a.m. at the FTC’s Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in … Continue reading Next up at the feds: The FTC holds its next hearing on noncompetes
*This post was originally published by Erika Hahn and me on Law360 under the title, “Noncompete Misconceptions May Be Inhibiting Reform.” Federalism is alive and well. For about 200 years, employee noncompetes have been governed by state law. While the first noncompete case in the United States was in Massachusetts, all but three states allow … Continue reading Federal Noncompete Initiatives: When you can’t convince the states, ask the feds.
Earlier this year, Senator Bruce Tarr introduced a bill to address one of the open issues under the new noncompete law. Specifically, the new noncompete law prohibits the enforcement of noncompetes against (among others) people “terminated without cause.” But “cause” is not defined in the statute. So, questions have arisen about what “cause” means. Does it … Continue reading Massachusetts Legislature Considers It’s First Clarification Of Its New Noncompete Law
Since the beginning of this year (2019), the Massachusetts legislature has been quietly considering adding another exemption to its noncompete laws. This one would be for physician assistants (PAs). Two related bills (H.1686 and S.1050) provide for the following language to be added to G.L. c. 112: Section 9L. Any contract or agreement which creates or … Continue reading Massachusetts Is Considering a New Noncompete Exemption for Physician Assistants
Leaving your job? No problem. Going to a competitor? No problem (maybe). Taking stuff that doesn’t belong to you? Problem – definitely. Companies are particularly sensitive the misappropriation of information, as they should be. As discussed in a bit more detail in Just out: Another proposed ban on noncompetes, up to 72 percent of employees take … Continue reading Leaving your job? Don’t take anything… anything! New employers take note.
In the past, I tried something a bit different, and I’m going to try again. It’s a bit of a take-off on what I do each year in the first class of the Trade Secrets and Restrictive Covenants course that I teach at Boston University School of Law. Here it is: This blog is for you. … Continue reading You tell us!
Having recently completed my second roundup of new noncompete legislation, I have updated my 50 State Noncompete Chart to reflect the changes since the April update. (See Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill for the background.) And remember that in the last iteration, I made … Continue reading 50 State Noncompete Chart Updated – Lots of Developments!
It’s just over a year since the “new” Massachusetts Noncompetition Agreement Act took effect, and it already has had some very tangible, positive effects. However, one aspect of the new law — namely, what consideration is required to support a noncompete — continues to create significant uncertainty. In short, while the new “fair and reasonable … Continue reading Consideration under the New Massachusetts Noncompete Law: Compromise Happens
It’s Thursday, so it must be time for another bill to ban noncompetes. This one comes from Senator Chris Murphy (D-CT) and Senator Todd Young (R-IN), and is a federal bill. (As many of you know, there have already been seven states that have changed their noncompete laws just this year alone, and there are many more state … Continue reading Just out: Another proposed ban on noncompetes
It’s hard these days to keep up with the the changing noncompete laws around the country. My most recent post covering recent updates, from not even quite six months ago, is already outdated. Just by early June, three states (each covered in a separate post) had already enacted new noncompete legislation this year alone: Maryland (banning … Continue reading Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill
About twice a year, I update my chart of reported noncomepte and trade secrets decisions. Here is the latest. As regular readers of this blog know, several years ago, I became curious to see how many reported trade secret and noncompete decisions were issued each year in all of the federal and state courts around the … Continue reading New Trade Secret and Noncompete Case Growth Graph (Updated September 29, 2019)
With three-plus years of Defend Trade Secrets Act (the “DTSA”) law under our belts and almost a year of the “new” Massachusetts new trade secrets law, my new book, Trade Secrets Law for the Massachusetts Practitioner (1st ed., MCLE 2019), provides a detailed review of the law of trade secrets nationally, but with a focus on Massachusetts law. … Continue reading Trade Secrets Law for the Massachusetts Practitioner (my new book)
The other day, I was listening to 1970’s and 80’s music (which I am wont to do, much to my wife’s chagrin). The music, as music often does, evoked memories of the past. Think what you will, but one of those memories was of a decision issued by U.S. District Court Judge O’Toole (for those not familiar … Continue reading Trade Secrets and Noncompetes – Music to My Ears: The Cease and Desist Letter