Alison T. Holdway is an associate in the Litigation Department. She represents clients in a variety of white collar, employment, products liability, and commercial litigation matters. She has assisted in advising clients with respect to aspects of non-competition laws in over 30 states, including the enforceability of non-competition agreements generally and the enforceability of certain provisions frequently included in non-competition agreements. She is developing a practice prosecuting and defending against breaches of non-competition agreements. Read more.
Earlier this week, the Joint Committee on Labor and Workforce Development released proposed amendments to the Uniform Trade Secrets Act, which would include the creation of the Massachusetts Noncompetition Agreement Act. The legislation, if enacted, would significantly alter the non-compete landscape, rendering unenforceable or practically unworkable most Massachusetts employers’ non-competition agreements. Here are some of … Continue Reading
In Meschino v. Frazier Industrial Co., Civil No. 15-10327-RGS, 2015 WL 7295463 (D. Mass. Nov. 18, 2015), Judge Stearns held that an employment agreement superseded an earlier employment agreement and a separate earlier confidentiality and non-compete agreement. A 2005 employment agreement provided that the employee would be required to execute a separate confidentiality and non-compete … Continue Reading
The states have a rich tradition of passing legislation forbidding or limiting the use of non-compete agreements with identified classes of employees. As you might expect, a number of states forbid or limit the use of non-compete agreements with: Physicians, nurses, psychologists, social workers and other medical professionals Lawyers Individuals working in broadcasting Public health, … Continue Reading