Non-Compete Reform Comes to the Commonwealth - Rapid Reactions to the Massachusetts Noncompetition Agreement Act - McDermott Will & Emery

Non-Compete Reform Comes to the Commonwealth – Rapid Reactions to the Massachusetts Noncompetition Agreement Act


Join McDermott Will & Emery for a webinar designed to address questions around the Massachusetts Noncompetition Agreement Act (the Act), signed into law by Governor Charlie Baker on August 10. The Act, which takes effect on October 1, requires employers doing business in Massachusetts to change the way they establish and structure noncompetition agreements and related forfeiture provisions under compensation arrangements.

On August 10, 2018, the Massachusetts legislation enacted significant changes to its laws governing noncompetition agreements. These changes are effective for agreements entered into on or after October 1, 2018. Our panel of lawyers focused on litigation, employment, employee benefits from Massachusetts and other states will discuss key aspects of this legislation, strategies and best practices. Questions that will be addressed by the panel include:

  • What changes should be made to support noncompetition agreements going forward?
  • How can a noncompetition agreement be used in connection with providing severance benefits?
  • What is the status for existing non-competition agreements? When is grandfathering available?
  • Are there other available types of agreements that can adequately protect employers’ interests?
  • Might ERISA preempt the new Massachusetts noncompetition law as related to benefit plans?
  • How will the changes to Massachusetts law impact corporate transactions?
  • How will the changes in Massachusetts law affect restrictive covenant litigation in Massachusetts courts?
  • What approaches to address the Massachusetts changes will make sense for multi-state employers?

We hope you’ll be able to join our speakers, Evan Belosa, Anthony Bongiorno, Rachel Cowen and Andrew Liazos to unpack the Massachusetts Noncompetition Agreement Act. Please contact McDermott Events if you have any questions

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