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Erik J. WintonBlog Posts

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Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements

When implementing restrictive covenant agreements in their workforces, companies often grapple with how best to handle the wide variation in the law from one state to the other. One solution is to include a choice of law provision that calls for all agreements to be construed under the laws of a single state. Still, there...… Continue Reading The post Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements appeared first on Non-Compete and Trade Secrets Report.
December 10, 2018

Massachusetts Governor Signs Non-Compete Bill Into Law

Just before midnight on July 31, 2018, the last day of its legislative session, the Massachusetts Legislature passed a significant bill regulating the use of non-compete agreements in the Commonwealth.  Today, August 10, 2018, Governor Charlie Baker signed that bill into law. In an article dated August 1, 2018, we examined the key aspects of...… Continue Reading The post Massachusetts Governor Signs Non-Compete Bill Into Law appeared first on Non-Compete and Trade Secrets Report.
August 10, 2018

Massachusetts Non-Compete Law Reaches Governor’s Desk

Just before midnight on July 31, 2018, the Massachusetts Legislature passed a bill regulating the use of non-compete agreements in the Commonwealth. This development is a long time coming, as the Legislature had been attempting for nearly a decade to create a non-compete law. In an article posted on our website on August 1, 2018, Erik...… Continue Reading The post Massachusetts Non-Compete Law Reaches Governor’s Desk appeared first on Non-Compete and Trade Secrets Report.
August 3, 2018

Antitrust Director Signals Heightened Focus On Deterring No-Poach Agreements In Healthcare Industry

As we have reported in previous articles, the Department of Justice’s Antitrust Division has repeatedly reaffirmed its intent to criminally prosecute companies that restrict labor market competition through the use of unlawful no-poach and wage-fixing agreements. On May 17, 2018, a high-ranking Division official offered further guidance by announcing that the Division is taking a...… Continue Reading The post Antitrust Director Signals Heightened Focus On Deterring No-Poach Agreements In Healthcare Industry appeared first on Non-Compete and Trade Secrets Report.
July 17, 2018

Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December 27, 2017, and March 2, 2018). On April 17, 2018, the Joint Committee on Labor and Workforce Development submitted a revised bill, House Bill 4419 (“H 4419”), in place of the prior bills. ...… Continue Reading The post Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill appeared first on Non-Compete and Trade Secrets Report.
April 19, 2018

Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation

In the past week, two states have made modifications to their respective non-compete laws. On March 27, 2018, Utah imposed special restrictions on the use of non-compete agreements in the broadcasting industry.  One day later, Idaho modified the standard of proof that must be followed when a company seeks an injunction against a former employee...… Continue Reading The post Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation appeared first on Non-Compete and Trade Secrets Report.
April 2, 2018

Massachusetts Seeks Finality On Non-Compete Legislation

On December 27, 2017, we wrote about the Massachusetts Legislature’s efforts to regulate the use of non-compete agreements, including three bills that sought to require post-separation “garden leave” payments to former employees while they were restricted from engaging in competitive activities. Less than one month later, news reports suggested that negotiators in the Joint Committee...… Continue Reading The post Massachusetts Seeks Finality On Non-Compete Legislation appeared first on Non-Compete and Trade Secrets Report.
March 5, 2018

The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont

In the final month of 2017 we discussed efforts by the Massachusetts and New Jersey legislatures to limit the use of employment non-compete agreements. By the start of 2018, the spike in activity had become a trend, with Pennsylvania, New Hampshire and Vermont introducing non-compete legislation of their own. In an article posted on our...… Continue Reading The post The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont appeared first on Non-Compete and Trade Secrets Report.
January 10, 2018

In The Weeds: A Close Inspection Of The Massachusetts Legislature’s Garden Leave Push

The Massachusetts Legislature has spent the past several years seeking to regulate the use of restrictive covenant agreements in the Commonwealth. Despite repeatedly falling short in that initiative, the 2017 legislative session strongly signaled the Legislature’s enduring interest in this subject by introducing a whopping eight new competing bills. In an article posted on our...… Continue Reading The post In The Weeds: A Close Inspection Of The Massachusetts Legislature’s Garden Leave Push appeared first on Non-Compete and Trade Secrets Report.
December 28, 2017

White House Continues Attack on Non-Compete Agreements

The assault on non-compete agreements has continued in a significant way, as outlined in our web article, White House Continues Attack on Non-Compete Agreements.  The latest White House document, coupled with prior reports from the White House and Treasury Department, as well as actions initiated by the Attorney General of New York and the Attorney … Continue Reading The post White House Continues Attack on Non-Compete Agreements appeared first on Non-Compete and Trade Secrets Report.
November 2, 2016

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