By Gregory S. Bombard
On June 9, 2017, the Business Litigation Session (BLS) of the Massachusetts Superior Court issued a decision about the extraterritorial application of California’s public policy against non-competition agreements (Full text of the decision: Oxford Global Resources, LLC v. Jeremy Hernandez). The plaintiff, Oxford, is a recruiting and staffing company headquartered in Massachusetts. It hired the defendant to work as an entry-level “account manager” in an office in California. As a condition of his employment, the employee signed a “protective covenants agreement” that included non-solicitation, non-competition, and confidentiality provisions. This agreement contained a Massachusetts choice-of-law provision and a Massachusetts choice-of-venue provision. Continue reading “Massachusetts Court Rules California Law Supersedes Massachusetts Choice-of-Law Provision and Non-Compete Clause in Employment Contract”
By Shannon Hampton Sutherland and Gregory S. Bombard
Last week, the White House called on states to enact sweeping reforms to their non-compete laws. The White House’s new policy position is that “most workers should not be covered by a non-compete agreement” and that, although “each state faces different circumstances,” many employers have sufficient other targeted remedies to protect their legal interests.
In its policy statement, the White House called on states to enact “non-compete” reforms, including one or more of the following: Continue reading “White House Recommends Non-Compete Reforms”
On June 9, 2016, Duane Morris attorney Gregory S. Bombard moderated a panel at the Boston Bar Association on “Negotiating and Enforcing Protective Orders in Trade Secret Cases.” The panel discussed best practices for protecting a client’s secret information during litigation, from discovery through motion practice and trial. Michael R. Gottfried, the managing partner of Duane Morris’s Boston office, spoke about his experience using trade secret information at trial. Also on the panel were Kenneth Berman of Nutter, McClennen & Fish and Sarah Herlihy of Jackson Lewis.
For more information, please contact Mr. Gottfried or Mr. Bombard of the Boston office or the members of the Non-Compete and Trade Secrets Practice.
By Bronwyn L. Roberts and Gregory S. Bombard
On March 2, 2016, Massachusetts House Speaker Robert A. DeLeo promised to put new legislative limits on noncompetition agreements, reigniting the debate over non-compete reform legislation that has continued since at least 2009. In a speech to the Greater Boston Chamber of Commerce’s annual Government Affairs Forum, DeLeo said that he would push legislative reform with the following restrictions for enforceability of noncompetition agreements:
- noncompetition agreements would be limited to one year;
- noncompetition agreements would not apply to lower-wage workers; and
- workers must be clearly informed that a noncompetition agreement is required before taking a job, including a “stated right to counsel.”
Continue reading “The Long Smoldering Debate About Noncompetition Reform in Massachusetts Is Re-Ignited by House Speaker”