Russell Beck Named Boston’s Lawyer of the Year in Two Categories by Best Lawyers in America®

Russell Beck was named the Best Lawyers® 2024 “Lawyer of the Year” in Employment Law – Management in Boston, and Trade Secrets Law in Boston.

This is Russell’s third year of being recognized as a Best Lawyers® “Lawyer of the Year.”

This accolade is awarded annually to only one lawyer per practice area in each region with extremely high overall feedback from their peers, making it an exceptional distinction. In 2024, only 5,392 lawyers were bestowed the “Lawyer of the Year” distinction, representative of only 0.4% of those in private practice in America.

In addition, three other lawyers at Beck Reed Riden LLP have been named to the 2024 Edition of Best Lawyers.

Best Lawyers has published their list for more than 40 years. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award BadgeLawyers on the Best Lawyers in America ® list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing. For the 2024 edition of The Best Lawyers in America, more than 13.7 million votes were analyzed to identify the top legal talent, as identified by their peers.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 to Speak at The Sedona Conference on Trade Secrets

On September 12, 2023, Russell Beck will serve as a Dialogue Leader for The Sedona Conference’s Working Group on Trade Secrets.

Russell is scheduled to moderate a panel titled “Protecting Trade Secrets Through Use of Confidentiality Agreements.”

The two-day annual meeting for The Sedona Conference Working Group 12 will be held in Minneapolis, Minnesota, and starts on Monday, September 11, 2023. More information is available here.

According to the agenda, Russell’s “panel will explore several important issues. What can be protected under a confidentiality agreement? Should confidential information be treated differently depending on the context? Are there limits on enforcing confidentiality agreements? What are the key issues pertaining to the secrecy of a trade secret? The dialogue leaders will discuss and elicit membership feedback on the status, outstanding issues, and direction of this draft commentary.”

This conference will present several publications from the trade secrets group for member comment toward publication for public comment, including commentaries on the following topics:

  • Sharing Trade Secrets With Other Organizations
  • The Use of Clean Rooms to Minimize Risk and Protect Innovations
  • Model Jury Instructions under the Defend Trade Secrets Act
  • Protecting Trade Secrets Through Use of Confidentiality Agreements
  • Forensic Issues in Trade Secret Disputes
  • Willfulness Damages and Attorney Fees

Speakers at the annual meeting include a wide array of judges, in-house, and outside counsel.

he Sedona Conference Working Group Series was launched in 2002 and represents the evolution of The Sedona Conference from a forum for advanced dialogue to an open think-tank confronting some of the most challenging issues faced by our legal system today.

The mission of Working Group 12 is to develop consensus and nonpartisan principles for managing trade secret litigation and well-vetted guidelines for consideration in protecting trade secrets, recognizing that every organization has and uses trade secrets, that trade secret disputes frequently intersect with other important public policies such as employee mobility and international trade, and that trade secret disputes are litigated in both state and federal courts.

The Sedona Conference Working Group Series was launched in 2002 and represents the evolution of The Sedona Conference from a forum for advanced dialogue to an open think-tank confronting some of the most challenging issues faced by our legal system today.

The mission of Working Group 12 is to develop consensus and nonpartisan principles for managing trade secret litigation and well-vetted guidelines for consideration in protecting trade secrets, recognizing that every organization has and uses trade secrets, that trade secret disputes frequently intersect with other important public policies such as employee mobility and international trade, and that trade secret disputes are litigated in both state and federal courts.

For up-to-the-minute analysis of legal issues concerning trade secrets and noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

Beck Reed Riden LLP Attorneys Named to 2024 Best Lawyers in America List

Beck Reed Riden LLP is pleased to announce that four of its lawyers have been named to the 2024 Edition of Best Lawyers. In addition, Russell Beck was named the 2024 Best Lawyers® Lawyer of the Year” in Employment Law – Management in Boston, and Trade Secrets Law in Boston.

Russell Beck, Stephen Riden, Nicole Daly, and Bob Shea were named to the 2024 Best Lawyers in America list in the following categories:

  • Russell Beck: Commercial Litigation, Employment Law – Management, Litigation – Labor and Employment, and Trade Secrets Law
  • Steve Riden: Commercial Litigation, and Litigation – Labor and Employment
  • Nicole Daly: Employment Law – Management, and Litigation – Labor and Employment
  • Bob Shea: Employment Law – Management

Best Lawyers accolades recognize the top 5% of legal talent in private practice throughout the United States.

Best Lawyers has published their list for more than 40 years. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award BadgeLawyers on the Best Lawyers in America ® list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing. For the 2024 edition of The Best Lawyers in America, more than 13.7 million votes were analyzed to identify the top legal talent, as identified by their peers.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 and Sarah Tishler in the Boston Bar Journal on Noncompete Regulation

Russell Beck and Sarah Tishler’s article about the FTC’s proposed nationwide rule banning non-compete agreements was recently published by the Boston Bar Journal.

The article, titled “The FTC New Proposed Rule on Non-Competes,” explores the arguments for and against adopting the FTC’s proposed nationwide ban on noncompetes. The article is presented in a point / counterpoint format, with Russell and Sarah’s article providing the perspective against the proposed rule, and Spencer Thompson and Patricia Washienko of Washienko Law Group, LLC, writing in support of the proposed rule.

For context, the FTC’s proposed rule provides:

“It is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to a worker that the worker is subject to a non-compete clause where the employer has no good faith basis to believe that the worker is subject to an enforceable non-compete clause.”

Moreover, the proposed rule sets forth a proposed “functional test” for defining what qualifies as a non-compete. That test would consider a contractual term to be

“a de facto non-compete clause because it has the effect of prohibiting the worker from seeking or accepting employment with a person or operating a business after the conclusion of the worker’s employment with the employer.”

s Russell and Sarah explore in the article, this statutory language and accompanying test is so broad that virtually any restrictive covenant – including nondisclosure agreements, nonsolicitation agreements, and no-service agreements – could be rendered invalid. The proposed rule carries with it numerous unintended and detrimental consequences, does not further the FTC’s stated goals, and deprives the states of the ability to tailor noncompete legislation to the economic and labor practicalities of their workforce.

Russell and Sarah explain that the

the Proposed Rule would bring to a screeching halt the state-level activity on non-competes, depriving the states of their function as the laboratories of democracy (to paraphrase Justice Brandeis). In the last decade alone, nearly two-thirds of U.S. states have made changes to their laws on non-competes. State legislatures are able to tinker with the specific policies that work best for their unique economic environments; a policy that may work well in Boston may not be the right fit for Bangor.

The Boston Bar Journal is a peer-reviewed, online publication of the Boston Bar Association. It presents timely information, analysis, and opinions to more than 10,000 lawyers in nearly every practice area. The Boston Bar Journal is governed by a volunteer Board of Editors dedicated to publishing outstanding articles that reflect their authors’ independent thought.


For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

Sarah Tishler Featured in Law360 on Noncompete Choice-of-Law and Venue Rules

Sarah Tishler’s article about the challenges presented by choice-of-law and venue provisions in noncompete statutes was published by Law360 under the title, “Minn. Noncompete Ban May Add To Nat’l Venue Choice Tangle.”

The article, reprinted in full below, follows Minnesota’s outright ban on noncompete agreements and focuses on the choice-of-law and venue provision designed to protect Minnesota-based employees.

s of July 1, employee noncompete agreements are no longer valid in the state of Minnesota.

While the law does not apply retroactively to existing employee noncompetes, as of its effective date, Minnesota has joined just three other states — California, North Dakota and Oklahoma — in banning noncompetes entirely.[1]

The outright ban on noncompetes has made headlines for good reason. But also contained in the statute is a significant choice-of-law and venue provision designed to be as protective as possible for Minnesota-based employees.

Subsection 3 of the statute provides that an employer “must not require an employee who primarily resides and works in Minnesota” to agree to a contract — not just noncompetes — that would

  1. require the employee to adjudicate out of Minnesota a claim arising in Minnesota; or
  2. deprive the employee of the substantive protection of Minnesota law with respect to a controversy arising in Minnesota.

Any contractual provision violating the foregoing is “voidable at any time by the employee,” and if such a provision is rendered void, the dispute “shall be adjudicated in Minnesota and Minnesota law shall govern the dispute.”

The subsection also explicitly provides that in addition to injunctive relief and any other remedies, “a court may award an employee who is enforcing rights under this section reasonable attorney fees.”

With this provision, Minnesota joins at least California, Colorado, Louisiana and Washington in providing explicit statutory choice-of-law and venue rules for state resident employees.[2]

With the passage of this law, Minnesota will consider any noncompete agreement signed after July 1 to be voidable by the employee if the agreement requires the employee to adjudicate a dispute outside of Minnesota or deprives the employee of “the substantive protection of Minnesota law,” i.e., the new ban against noncompetes. The Minnesota law goes further than some other states, however, by providing in the statute itself reasonable attorney fees for any employee enforcing rights under that section.

he clear intent of the statute is to prevent employers from avoiding the new ban against noncompetes by inserting another state’s law and venue into contractual choice-of-law and venue provisions. Nonetheless, this type of statutory protection has received entirely mixed treatment in the courts when judges are confronted with the inevitable — and messy — question of whether state or federal law governs the validity, and enforcement, of forum selection clauses in diversity cases.

Of course, that fact pattern is precisely how the question presents itself in the first place.

To offer one example: An employee from Massachusetts, California or Minnesota signs an employment agreement with a company containing a forum selection clause choosing New Jersey. That employee quits and begins working for a competitor in direct violation of the employment agreement. Where will the parties be ordered to litigate?

In Depuy Synthes Sales, Inc. v. Howmedica Osteonics Corp. in March 2022, the U.S. Court of Appeals for the Ninth Circuit said that, in this exact scenario, state law decides the validity of a forum selection clause and choice-of-law and venue clause, and therefore the noncompete clause was void under California Labor Code, Section 925.[3]

In contrast, in Howmedica Osteonics Corp. v. Howard in 2020, the U.S. District Court for the District of New Jersey had come to the polar opposite conclusion under the same forum selection clause in the same employment contract, rejecting arguments that Section 925 invalidated it.[4]

The lack of uniformity persists in other jurisdictions that have considered the same issue.[5] In the related areas of venue transfer and forum non conveniens, similar issues appear.

While some jurisdictions consider the existence of a state forum selection statute to be evidence of the state’s strong public policy, other jurisdictions merely shrug. In support of the former, in AG Resource Holdings LLC v. Terral, the Delaware Chancery Court held in 2021:

The Louisiana [forum selection] laws cited above are clear pronouncements by the Louisiana legislature regarding its public policy on matters of employment and competition. Under the circumstances, Louisiana’s interests must be respected and enforced.[6]

On the other end of the spectrum, in Hilb Group of New England LLC v. LePage, the U.S. District Court for the Eastern District of Virginia in May 2022 wrote:

No Massachusetts court has held that the [Massachusetts Noncompetition Agreement Act, which mandates that all cases involving Massachusetts residents must take place in Massachusetts] manifests the state’s strong public policy. Thus, the enforcement of the Agreement’s forum selection clause would not go against a strong public policy of Massachusetts.[7]

A clear path out of this jumble of precedent appears unlikely. In late 2022, the U.S. Supreme Court denied certiorari in the Howmedica case from the Ninth Circuit, leaving the circuits to go their own way.

As more states seek to ensure that their residents are indeed protected by the state laws that pass their legislatures, employers operating in multiple states and employers with remote work forces must proceed with caution and stay abreast of the rapid changes to state laws.

Otherwise, the law chosen in a given noncompete or employment agreement may not be the law eventually applied by a court — sometimes with dramatic results.


Sarah Tishler is a commercial litigator whose practice focuses on complex business disputes in state and federal courts, including intellectual property, breach of contract, and fraud claims.


eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.


Footnotes:

  1. Stay tuned for what New York Gov. Kathy Hochul will do with Bill No. S3100A, the bill passed by the New York State Senate and Assembly that would ban all noncompetes.
  2. See, e.g., Massachusetts Noncompetition Agreement Act, M.G.L. 149 § 24L(e)-(f):
    1. No choice of law provision that would have the effect of avoiding the requirements of this section will be enforceable if the employee is, and has been for at least 30 days immediately preceding his or her cessation of employment, a resident of or employed in Massachusetts at the time of his or her termination of employment.
    2. All civil actions relating to employee noncompetition agreements subject to this section shall be brought in the county where the employee resides or, if mutually agreed upon by the employer and employee, in Suffolk county; provided that, in any such action brought in Suffolk county, the superior court or the business litigation session of the superior court shall have exclusive jurisdiction.
  3. Depuy Synthes Sales, Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022).
  4. Howmedica Osteonics Corp. v. Howard, 2020 WL 1102494, at *3 (D.N.J. Jan. 17, 2020), report and recommendation adopted, 2020 WL 1082601, at *1 (D.N.J. Mar. 5, 2020).
  5. See, e.g., Terral v. AG Res. Holdings LLC, 54,156 (La. App. 2 Cir. 3/9/22), 335 So. 3d 1009, 1016-17 (invalidating Delaware choice-of-law provision in favor of Louisiana statute); Zeppelin Systems USA Inc. v. Pyrolyx USA Indiana LLC, 2020 WL 1082774, at *4 (S.D.N.Y. Mar. 5, 2020) (upholding validity of forum-selection clause under federal law, despite an Indiana law that would render the clause invalid); NuMSP LLC v. St. Etienne, 462 F. Supp. 3d 330, 345 (S.D.N.Y. May 22, 2020) (“in determining whether a forum selection provision is invalid, the Court focuses on the public policy of the forum state, not some other state”).
  6. AG Resource Holdings LLC v. Terral, No. CV 2020-0850-JRS, 2021 WL 486831, at *5 (Del. Ch. Feb. 10, 2021).
  7. Hilb Group of New England LLC v. LePage, No. 3:21-cv-757, 2022 WL 1538583, at *4 (E.D. Va. May 16, 2022).

Nicole Corvini Daly and Russell Beck to Speak about Trade Secret Protection at Boston Bar Association

On Thursday, July 13, 2023, Russell Beck and Nicole Corvini Daly will be speaking at the Boston Bar Association’s program on protecting trade secrets.

The program, which will be held online, is titled “Protecting Trade Secrets as Your Tools are Taken Away by the NLRB, the FTC, and Others.”

The 1-hour program starts at 12 p.m. ET on July 13, 2023. More information and registration is available here.

The program will discuss practical steps that companies can and should take now, in light of recent state and federal efforts to eliminate noncompete agreements. The program is described as follows:

For over 200 years, noncompetes have provided protections for companies’ trade secrets and other legitimate business interests. But the FTC, the NLRB, and some state governments are starting to take them away, and the tide of public opinion is reaching further.

What will your clients and companies do? How will employees be affected? Will it be good? Will it be bad?

This program will provide the state of the law, explain what the NLRB, the FTC, and others are doing to erode the available trade secret protections, and discuss how to protect your company and your clients now.


For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 and Nicole Corvini Daly to Speak at PLI Program on Noncompete Regulations

On Tuesday, July 11, 2023, Russell Beck and Nicole Corvini Daly will be speaking at Practising Law Institute’s program on noncompete agreements.

The program, which will be held online, is titled “NLRB General Counsel Says Noncompetes Violate the NLRA: What Your Company and Clients Need to Know and Do Now.”

The program starts at 3 p.m. ET on July 11, 2023. More information and registration is available here.

The program will address the recent memorandum issued by the General Counsel of National Labor Relations Board asserting that most noncompete agreements violate the National Labor Relations Act. The program is described as follows:

Did one person at the National Labor Relations Board just change 200 years of state noncompete law? Sort of.

For over 200 years, noncompetition agreements have been governed by state law. Forty-seven states and Washington, D.C. permit the use of reasonable noncompetes. But on May 30, 2023, the General Counsel of the National Labor Relations Board issued a memorandum proclaiming that most noncompetes violate the National Labor Relations Act. And, it is not just those agreements; other agreements – like no-recruit covenants – are in the crosshairs too.

This program will provide an understanding of the General Counsel’s position, what will likely happen, and how to protect your company and your clients in the face of it.

During this discussion registrants will:

    • Learn what the General Counsel’s memo says and what it means (15 minutes)
    • Understand how the General Counsel’s perspective lines up with recent state and federal efforts to limit noncompetes (10 minutes)
    • Gain an understanding of the legal implications for companies using noncompetes (10 minutes)
    • Find out what will happen next (10 minutes)
    • Discover the steps to take now to protect your client’s business interests in the event noncompetes are curtailed for certain groups of workers (15 minutes)

The program is tailored for lawyers and human resources personnel who work with companies or individuals in evaluating, enforcing, and defending against noncompetes and other restrictive covenants, as well as anyone involved in the hiring of employees, and anyone else responsible for an organization’s internal hiring policies or lobbying on related issues.


For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

Stephen Riden Quoted in Massachusetts Lawyers Weekly on First Circuit Ruling

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “Jurisdictional issue jeopardizes eight-figure verdict.”

The article covers a decision by the U.S. Court of Appeals for the First Circuit concerning a contract dispute. The decision was entered in the case titled BRT Management LLC v. Malden Storage, LLC, et al..

The decision addresses a party’s obligation to establish the existence of subject matter jurisdiction when asserting claims in federal court. In this case, the defendants had not provided sufficient assurances that every member of one defendant — a limited liability corporation — met the requirement for diversity, i.e., that no plaintiff and defendant were domiciled in the same state. As a consequence, the First Circuit indicated that dismissal of the lawsuit would be justified, but gave the defendants “one more chance” to establish that the District Court has subject matter jurisdiction.

In its decision, the First Circuit detailed the obligations of establishing diversity for non-corporate entities like LLCs or trusts.

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden called BRT “required reading for any attorney who is going to represent or be adverse to an LLC or trust in federal court.”

The case illustrates that the burden to conclusively establish the diversity of citizenship “never ends,” Riden said. He noted that the parties thought they were doing the right thing by stipulating that diversity existed, apparently having mutually decided that it may not be worth the effort to drill down and identify every natural person involved in a trust or LLC.

But the 1st Circuit was “merciless” in emphasizing that there are “no shortcuts,” he said.

***

As much as the 1st Circuit’s decision is a “cautionary tale,” it is also a “helpful guide,” recommending a process of conducting limited jurisdictional discovery of non-public information at the outset of a case to confirm that jurisdictional diversity exists, Riden observed.

“This is a decision that cannot be ignored, with application to every single case in federal court with an LLC, LLP or a trust as a party,” Riden said.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.


Steve is a seasoned litigator with substantial experience successfully litigating complex commercial matters in state and federal court. His exceptional track record in navigating the intricacies of court procedures, coupled with his deep understanding of commercial law, has earned him a reputation for delivering favorable outcomes for his clients. With an acute attention to detail and an unwavering commitment to upholding the rights and interests of his clients, Steve consistently demonstrates his ability to effectively advocate for their positions.


Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 Featured in Bloomberg Law on Noncompete Agreements

Russell Beck was quoted in a Bloomberg Law article about state and federal efforts to ban noncompete agreements.

The story is titled “States Add to ‘Fire Hose’ of Noncompete Issues Vexing Employers.” The June 13, 2023, article was written by Chris Marr, who writes about labor & employment news for Bloomberg Law.

The article discusses growing support in state legislatures and in the federal government to restrict or ban the use of noncompete agreements. The article discusses Minnesota’s recent noncompete ban and the proposed rule issued by the Federal Trade Commission that would essentially forbid noncompete agreements.

The article quotes Russell as follows:

Employers nationwide, but especially in states enacting strong restrictions, need to think carefully about when and why they’ve used noncompetes historically and consider alternative strategies going forward, said Russell Beck, an attorney at Beck Reed Riden LLP in Boston.

“Typically what they’re trying to protect is their information including trade secrets and confidential information, as well as their relationships with the customers,” he said.

Other ways to protect those assets include strengthening physical and electronic security for confidential data, training employees on their obligations, and improving processes for reinforcing customer relationships immediately after a key employee leaves, according to Beck.

Some companies also have begun to use notice requirements in place of noncompetes, he said. For example, a company might require an employee to give a 30- or 60-day notice before leaving, and the business could opt to keep them on the job or else pay them to stay home for that time period while the company takes steps to secure customer relationships that might be affected—a version of the garden leave concept that’s common in UK employment contracts.

Since the article was published, the state of New York has inched closer to a complete noncompete ban.


Russell frequently writes about current efforts to regulate noncompete agreements. He was featured on NPR and quoted in the New York Times discussing federal regulatory efforts targeting noncompete agreements. In January 2023, Russell wrote an article for Law360 called “Companies Must Brace For FTC’s Overbroad Noncompete Rule.” In April 2020, Russell Beck and Erika Hahn’s article about the FTC’s investigation about whether it should regulate noncompetes was published by Law360. In July 2019, Law360 published Russell Beck’s analysis of misconceptions in the noncompete debate.

For up-to-the-minute analysis of legal issues concerning trade secrets and noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

The Legal 500 Honors Russell Beck, Nicole Corvini Daly and Sarah Tishler

The Legal 500 United States 2023 named Russell Beck as a Hall Of Fame lawyer for trade secrets attorneys in the U.S. Nicole Corvini Daly was named a Next Generation Partner, and Sarah Tishler was recognized as a Rising Star.

According to the The Legal 500, its “Hall of Fame highlights individuals who have received constant praise from their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession.”

Russell Beck, Nicole Corvini Daly, and Sarah Tishler are the only attorneys from a small firm included on this list of national experts.

According to one testimonial from The Legal 500, “Russell Beck and his team are incredibly effective, efficient and they get results.”

Another testimonial notes that “Nicole Daly is talented, on departing employee matters, Heather Krauss and Sara Tishler. They all provide extremely user-friendly advice.”

In addition, Beck Reed Riden LLP was recommended in the category of “Trade secrets (litigation and non-contentious matters).”

The following is the independent editorial write up from The Legal 500 on the firm’s ranking:

The ‘incredibly effective’ Boston-based boutique Beck Reed Riden LLP, known for its ‘well-informed counseling and tenacious litigation’ is headed by Russell Beck, who is described as ‘one of, if not the most prominent thought leader in this area’. The firm focuses its practice on trade secret and non-compete work for its market-spanning client list, including such well-known companies as Staples, Inc. It has a particular specialism in counseling and litigating on misappropriation cases involving employee hire and departures. Co-founder of the firm and notable litigator Stephen Riden is a name to note, as is the ‘talented’ Nicole Daly. Senior counsel Sarah Tishler, who specialises in trade secrets, restrictive covenants, and employee mobility work joined the team in August 2022 from Williams Simons & Landis PLC.

The Legal 500 US provides impartial, third-party opinions on leading lawyers and law firms across the country. The Legal 500 relies upon a sophisticated methodology to determine which firms and attorneys are included in its list.


eck 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.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

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