year we kept you apprised of the rise and fall of proposed legislation intended
to curb the enforcement of noncompete agreements in Massachusetts. Well, like the legendary Phoenix, the noncompete
legislation has risen from the ashes. On January 20, 2011, State Senator
William Brownsberger reintroduced the bill, called "An Act Relative to
Like its predecessor, if this new offering becomes law, it will dramatically
alter the legal landscape of noncompetition agreements in Massachusetts. However, there are some
significant changes from last year’s bill. For example:
bill still has much in common with last year’s proposed legislation:
As currently written, the new law, if enacted,
would apply only to noncompetition agreements entered into on or after January
1, 2012. Therefore, the nightmare of having to rewrite and re-execute all
existing, but noncompliant, noncompete agreements would be avoided.
As before, Prince Lobel will continue to closely monitor the progress of this
bill, and will provide a timely update should it become law.
you would like more information about the use or enforcement of noncompetition
agreements or other restrictive covenants, please contact Daniel S. Tarlow,
the author of this Alert, at 617 456 8013 or firstname.lastname@example.org.