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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 “Proposed Law Would Weaken Traditional Noncompete Agreements” in Banker & Tradesman on February 6. 

David’s article explains how a bill filed in the state legislature on January 20 proposes to restrict Massachusetts employers’ ability to enter into noncompete agreements, and also would discourage them from trying to enforce such agreements.

The article explains that, although the new draft legislation is more balanced than predecessor bills filed but not enacted last year, it still favors freedom of employee mobility over the rights of employers to protect their trade secrets, confidential information, and goodwill. 

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.

For a copy of the full article, please click below.