Event Details

June 4, 2024

2-5 p.m. ET

Online

Registration is available from MCLE.

On June 4, 2024, Russell Beck and Nicole Corvini Daly will be speaking at the Massachusetts Continuing Legal Education’s seminar titled “What We Know About Noncompetes, Confidentiality & Nondisparagement Provisions a Year Later.” Russell is the chair of the seminar.

The presentation is described as follows:

In 2023, noncompete clauses in employee agreements came under heavy scrutiny not only by state legislatures, but by both the Federal Trade Commission and the National Labor Relations Board.

In early 2023, the FTC announced that it was pursuing so-called “enforcement actions” against several companies for their use of noncompetes. Immediately after the announcement, the FTC issued a notice that it was considering a rule to ban virtually all noncompetes and other employee restrictions that could inhibit employee mobility.

Soon thereafter, the NLRB issued the McLaren Macomb decision stating that the confidentiality and nondisparagement provisions included in the severance agreement infringed on employees’ rights, rendering the severance agreement unlawful. Following that decision, the NLRB General Counsel issued a memo stating that the use of noncompetes and potentially other restrictive covenants is an unfair labor practice.

The NLRB then followed up with an unfair labor charge against a company using a noncompete and other restrictive covenants. Since then, California passed two laws purporting to apply California’s anti-restrictive covenant policy across the country, allowing employees to “flee” to California to sanitize themselves from their contractual obligations.

The FTC and NLRB General Counsel’s actions fundamentally alter the landscape for nondisclosure agreements, noncompetes, and other restrictive covenants that have been developed and refined for over 200 years. And, California potentially upends the entire system with its expansive rejection of other states’ restrictive covenant laws. Learn what happened, how companies have responded, and how to move forward in light of the increasing limitations on restrictive covenants.

A full program for the presentation is available here.

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.

Russell Beck is a founding partner of Beck Reed Riden LLP. He has over thirty years of experience working on trade secret, noncompete, and unfair competition matters. He assisted the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action, and authored 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.

Nicole Corvini Daly is a partner at Beck Reed Riden LLP. Her practice focuses on litigating and advising on the use and enforceability of noncompete, nonsolicitation, and nondisclosure agreements.

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.

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.