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On October 1, 2018, lost in the deserved fanfare that the passing of the Massachusetts Noncompetition Agreement Act garnered, Massachusetts also became the second-to-last state to adopt the Uniform Trade Secrets Act (UTSA) (only New York remains). In doing so, Massachusetts statutorily updated both its 80-year-old definition of “trade secret” and legal remedies for misappropriation […]

On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting […]

On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it […]

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