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David C. Henderson publishes “Law would weaken Noncompetes”

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David C. Henderson, a partner in the Litigation department and a member of the firm's Labor, Employment and Benefits practice group, published “Law would weaken Noncompetes” in the Boston Business Journal on February 11.

The article discusses how a bill filed in January on Beacon Hill proposes to restrict Massachusetts employers’ ability to enter into noncompete agreements, and also would discourage them from trying to enforce such agreements.

David explains that existing noncompete laws attempt to balance the freedom of employee mobility with the need of employers to protect trade secrets, confidential information and goodwill. He notes the balance will shift decidedly toward employee mobility if the proposed bill is passed.

The article also explains that the bill’s proposed reduction in employers’ rights is particularly striking given that courts already have equitable powers to protect all interests in a noncompete dispute.

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