Category Archives: News

The August 12, 2013, online edition of The Wall Street Journal features Russell Beck in an article about noncompete agreements titled “Companies Loosen the Handcuffs on Non-Competes.”  The article is by The Wall Street Journal’s Management News editor, Joann S. Lublin.

The story focuses on current trends in the use and enforcement of noncompete agreements.

In the article, Russell Beck addresses a move by some companies to accept shorter limitations on noncompetition agreements:

For one, sensitive information “has a shorter shelf life than in the past,” says Russell Beck, a partner at Beck Reed Riden LLP in Boston.

The story cites a study conducted by Beck Reed Riden LLP concerning the rise of noncompete lawsuits:

The number of published U.S. court decisions involving non-compete agreements has risen 61% since 2002 to 760 last year, concludes research conducted for The Wall Street Journal by Beck Reed Riden LLP in Boston. The increase largely reflects the increased usage of non-compete arrangements among lower-level staffers – along with employees’ greater mobility and access to sensitive information.

Russell Beck discusses his experiences in helping executives negotiate noncompete agreements:

Executives have the most leverage to alter a non-compete before accepting a job offer, legal specialists say. If the company wants a new management hire badly enough, it will make concessions, Russell Beck, a Beck Reed partner, has found.

The lawyer recently represented a Massachusetts executive wooed by a health-care concern to be its vice president of professional services. Mr. Beck persuaded the company to halve a two-year non-compete requirement. “The benefit of having the executive outweighed the risk of harm caused by the executive’s competition after the first year,” he recollects.

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

• Over sixteen years of working on trade secret, noncompete, and unfair competition matters
• Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
• Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
• Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
• Founding and administrating the award-winning blog, Fair Competition Law
• Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,000 members around the world
• Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2013 Chambers USA Guide, which identified Russell as one of its “Notable Practitioners,” stating, “The highly regarded Russell Beck of Beck Reed Riden LLP has an excellent reputation for his work on trade secret and noncompete issues.“

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck will be a panelist at the 5th Annual Symposium on Employee Non-Compete Agreements, Trade Secrets and Job Creation in Boston, Massachusetts.

The Boston Bar Association is sponsoring the Symposium, which will be held on Tuesday, July 23, 2013, from 4 to 6 p.m. at 16 Beacon Street in Boston. Registration information is here.

The Symposium will feature discussion and debate about the legal landscape of noncompete agreements, protection of trade secrets, and job creation in Massachusetts.

The Boston Bar Association describes the event as follows:

Is Massachusetts enforcement of employee non-compete agreements a drag on the creation of new enterprises (and jobs) – preventing “spin-offs” from incumbent ones – compared to unenforceability of such agreements under California’s 1872 codification of the common law?

Is enforceability necessary to protect business investment against unfaithful employees and expensive trade secret litigation?

Massachusetts court decisions extend enforceability of non-compete agreements to protect “confidential information” that does not meet certain conditions for trade secrets seen in American Law Institute’s 1939 Restatement of Torts.  Have broad employee confidentiality agreements changed the common law presumption against servitudes?  Would joining forty-eight states (including California and most recently Texas) in adopting the more modern Uniform Trade Secrets Act help make Massachusetts more competitive?

In addition to Russell Beck, the panel includes the following speakers:

• State Senator William N. Brownsberger, Esq., sponsor of S.846 and H.1715.
• State Representative Lori Ehrlich, CPA, sponsor of S.846 and H.1715.
• State Representative Sheila C. Harrington, sponsor of H. 1729.
• James A. Ermilio, Esq., Executive Director, Massachusetts Office of Business Development (EOHED).
• Andrew P. Botti, Esq., McLane, Graf, Raulerson & Middleton, P.A., past Chairman, Smaller Business Association of New England (SBANE), arguing on behalf of status quo.
• Stephen Y. Chow, Esq., Burns & Levinson LLP, Massachusetts Uniform Law Commission, drafter of H.27, symposium organizer.
• Michael L. Rosen, Esq., Foley Hoag LLP, co-author of “Massachusetts Noncompete Law Blog,” arguing on behalf of the status quo.

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

• Over sixteen years of working on trade secret, noncompete, and unfair competition matters
• Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
• Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
• Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
• Founding and administrating the award-winning blog, Fair Competition Law
• Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world
• Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2013 Chambers USA Guide, which included Russell in its “Notable Practitioners” section, adding that “Russell Beck of Beck Reed Riden LLP is respected by commentators for his skills as a litigator. His areas of specialty include noncompete and trade secrets matters.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.