Tag Archives: reformation

Recent Decisions Highlight Courts’ Reluctance to Modify Overbroad Non-Compete Provisions

Blue PencilIn what may be a trend, several courts around the country this year have embraced strict interpretations of non-compete agreements, refusing to blue pencil or equitably reform overbroad or unreasonable clauses in non-compete agreements. Traditionally, courts have exercised the doctrine of equitable reformation to re-write provisions to render them reasonable, or at the very least, … Continue Reading

They’re Not Dead Yet: Massachusetts Courts Continue to Enforce Non-Competes and Enjoin Defendants in the Right Circumstances

Detail of exterior of courthouseIn Pegasystems Inc. v. Appian Corp., Judge Mitchell Kaplan of the Massachusetts Business Litigation Session enjoined a sales employee from working for a competitor for three months. This recent opinion highlights some common issues in Massachusetts non-compete law and illustrates judges’ broad discretion to fashion relief.… Continue Reading
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