Stephen Riden Quoted in Massachusetts Lawyers Weekly

April 15, 2023
, , Close Corporations, News

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “In family business dispute, appraisal right deemed waived.”

The article covers a decision by a Massachusetts Superior Court judge concerning a close corporation dispute. The decision was entered in the case titled Szawlowski Potato Farms, Inc., et al. v. Szawlowski, et al.

The decision addresses a situation involving a dispute among family members in a close corporation. The estate of one family member sought to exercise certain rights under the owners’ shareholder stock redemption agreement. However, after undertaking a close analysis of the parties’ agreements and communications, the court ruled that the estate waived its contractual right to seek an appraisal of the decedent’s ownership interest in the company.

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden said apparently it was particularly helpful to the companies that, in the notice of their intent to repurchase the decedent’s interest, they had flagged the trustee’s deadline to request the appraisal, which made it easier for the judge to find waiver of that right.

For his part, the trustee seemed to have treated the notice as an invitation to negotiate a settlement of all disputes between the parties, which Riden called “a completely appropriate strategy.”

But at the same time, the trustee needed to expressly exercise his appraisal rights under the contract.

“The lesson there is to still keep your eye on the ball and make sure that you’re sticking to the terms of the contract in case the effort to negotiate fails,” Riden said.

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

Steve has substantial experience representing owners involved in intra-corporate disputes, including shareholder litigation and close-corporation control matters.

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 on Massachusetts Lawyers Weekly Panel About Proposed Noncompete Ban

January 25, 2023
, , , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck will appear on a panel assembled by Massachusetts Lawyers Weekly titled “FTC Proposes Nationwide Ban on Non-Competes.”

The seminar will focus on the Federal Trade Commission’s proposed Noncompete Clause Rule, which would essentially ban all employee noncompete agreements. The free event will be held on Monday, January 30, 2023, at 2:00 p.m. ET on Zoom. More information and registration is available here.

Anyone who is unable to attend the live session should still register, as Lawyers Weekly will send a recording and the slides after the presentation.

Panelists will discuss the current landscape, what the rule says, what the impact will be on employers, what the timeline might be for implementation, the implications for non-disclosure agreements and other restrictive covenants, what alternatives the FTC might consider, and what businesses can do.

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

Russell frequently writes and speaks 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 was quoted in a Bloomberg Law article about the FTC’s proposed rule, and he 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.

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 in Lawyers Weekly on Discovery Sanctions

October 1, 2022
, , , , News, Trade Secret

A recent issue of Massachusetts Lawyers Weekly features discussion with Russell Beck in an article titled “Flouting of e-discovery orders leads to rare sanction of default.”

The article covers a federal court decision in the U.S. District of Massachusetts concerning a misappropriation-of-trade-secrets lawsuit that resulted in the entry of sanctions against the defendants. The court order notes that the defendants were given multiple prior orders to produce certain documents, and that the defendants provided affidavits that they had complied with these orders. The article was written by Lawyers Weekly reporter Kris Olson.

In Red Wolf Energy Trading, LLC v. BIA Capital Mgmt., LLC, Judge Mark L. Wolf explained that the case “generated more meritorious motions to compel and for sanctions against defendants for failure to produce documents than any other case in which this court has presided in more than 37 years.”

Massachusetts Lawyers Weekly

One issue raised by the court was that myriad relevant messages exchanged by the defendants over a Slack account were not produced in a timely fashion, and that “defendants could have used ‘a standard eDiscovery processing tool’ to search and produce Slack messages for a cost of about $10,000” three years before the court’s decision. The court further explained that “[t]he law is not a game, and, as the court told defendants, civil discovery is not a game of hide and seek.”

The article quotes Russell Beck as follows:

Boston business litigator Russell Beck said another lesson from Red Wolf is in the value of paying the $10,000 for a proper forensic vendor.

“While it may feel like a lot of money, it is well worth the expense,” Beck said.

That will be especially true in cases involving allegations of misappropriated trade secrets, which come with a lot of e-discovery that can be expensive to contend with.

“But the consequences of doing it improperly can be worse,” Beck said.

____

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.

Russell Beck in Lawyers Weekly on Restrictive Covenants

August 1, 2022
, News, Noncompete agreements, Wage & Hour

A recent issue of Massachusetts Lawyers Weekly features discussion with Russell Beck in an article titled “Aesthetician can sue ex-employer for tortious interference, 93A.”

The article covers a Massachusetts Superior Court decision concerning a lawsuit filed by an aesthetician against her former employer. The aesthetician alleges that, after she was terminated, her former employer sent her a cease-and-desist letter and contacted third parties to warn them against doing business with her. The aesthetician contends that her prior employer does not have an enforceable noncompete agreement, and that the communications to third parties were false and derogatory. The article was written by Lawyers Weekly reporter Eric T. Berkman.

Massachusetts Lawyers WeeklyAccording to the article, the Bristol County Superior Court Judge, in Macaroco v. Vanity Lab, LLC, et al. (Lawyers Weekly No. 12-040-22), denied the former employer’s motion to dismiss, ruling that the plaintiff’s allegations that the former employer “published false and derogatory statements about the quality of her services to at least one third party, and that it sent the cease and desist letter with the intention of gaining a business advantage over her while knowing the restrictive covenants were unenforceable, were enough to state trade libel and Chapter 93A claims respectively.”

The article quotes Russell Beck as follows:

Boston employment attorney Russell Beck, who handles trade secret and noncompete disputes, said the case provides guidance to employees trying to determine if they should affirmatively sue over attempts to enforce a likely invalid restrictive covenant, or whether they should wait and see if the employer actually follows through with a lawsuit of its own.

“Most times the calculus yields a result where you don’t challenge it and you wait,” he said. “But where, like here, the employer also allegedly went so far as to tell its customers, ‘We’re going to sue this person because they’re violating their covenants and you can’t work with them,’ coupled with a situation where the employee allegedly wasn’t paid appropriately in the first place, you’ve got the makings of a good reason not to wait.”

____

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

July 11, 2022
, , , News

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “Door opened to surcharge against breaching fiduciary.”

The article covers a decision by the Supreme Judicial Court concerning the availability of “surcharge” as an equitable remedy in claims for breach of fiduciary duty in the context of a close corporation dispute. The decision was entered in the case titled Tocci v. Tocci.

The decision addresses a situation involving a dispute among family members in a close corporation. One family member was accused of diverting money from the company for his own benefit. The SJC ruled that, as a general matter, a surcharge may be used to award a plaintiff the costs of attorney’s fees in a close corporation dispute when the plaintiff asserts a claim on behalf of the corporation against a fiduciary for breach of the duty of loyalty. This was the first time the SJC affirmed the use of surcharge in this context.

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden said he also takes a broader lesson from the SJC’s decision in Tocci.

“It reminds litigants that they can be creative when they ask for equitable relief,” Riden said. “Just because something has not been done before in Massachusetts does not mean it is not available to you.”

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

Steve has substantial experience representing owners involved in intra-corporate disputes, including shareholder litigation and close-corporation control matters.

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 Discusses Attorney-Client Privilege in Massachusetts Lawyers Weekly

May 6, 2022
, , , News

A recent issue of Massachusetts Lawyers Weekly features discussion with Steve Riden in an article titled “Accidentally disclosed draft letter must be returned.”

The article covers a decision by a Superior Court judge in the Business Litigation Session concerning whether a litigant’s accidental disclosure of privileged information constituted a waiver of the attorney-client privilege. The decision was entered in the case titled Van Vuuren v. Lowenstein Sandler LLP, et al. (Lawyers Weekly No. 09-004-22).

The decision addresses a situation involving a party’s mistaken disclosure of a draft letter, which was attached to a motion filed in a shareholder freezeout suit. The party who received the inadvertently-disclosed document resisted a motion to compel its return and argued that the attorney-client privilege was waived. The court (Judge Kenneth W. Salinger) ruled that the accidental disclosure did not constitute a waiver of the privilege.

In the article, Steve Riden is quoted as follows:

Boston civil litigator Stephen D. Riden said he was pleased by the court’s acknowledgement that lawyers are humans and humans make mistakes.

“I think every practitioner has had that ‘Oh, no!’ moment when they fear they have accidentally produced privileged information and are worried they have done lasting damage to a client,” Riden said. “It happens all the time, but what this court is saying is that one mistake isn’t going to open the door into discovery of protected privileged communications.”

The article is by Massachusetts Lawyers Weekly’s reporter, Eric T. Berkman.

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 About Federal Regulation of Noncompete Agreements

August 19, 2021
, News, Trade Secret

Russell Beck will appear on a panel of experts assembled by Massachusetts Lawyers Weekly, titled “Noncompetes and the Biden administration: What comes next.”

The free event will be held on Friday, August 20, 2021, at 10:00 AM ET on Zoom. More information and registration available here.

Anyone who is unable to attend the live session should still register, as Lawyers Weekly will send a recording and the slides after the presentation.

Panelists will discuss President Joe Biden’s recently-released Executive Order that asks the Federal Trade Commission to take steps to “curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.”

The panel will analyze what happens next, what steps the FTC might take, and what companies should do in the meantime, including how to evaluate your current noncompetes and what else you can do to protect your business interests.

The panel also includes:

  • Andrew P. Botti of McLane Middleton
  • Lisa A. Zaccardelli of Hinckley Allen

___

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 in Lawyers Weekly on Federal Action on Noncompete Agreements

August 5, 2021
, Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck‘s article about President Biden’s recent Executive Order on noncompete agreements was recently published by Massachusetts Lawyers Weekly.

Russell’s article, titled “The ‘Great Resignation,’ departing employees and new federal efforts to restrict noncompetes,” discusses President Biden’s order encouraging the FTC to exercise its rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” In addition, the article suggests practical steps companies should consider to protect their business interests in light of the recent Executive Order.

According to the article,

The Great Resignation is coming. Unprecedented numbers of employees are expected to change jobs, and more than half of them will take confidential company information. Worse, 40 percent of them will use that information at their new job.

Massachusetts Lawyers Weekly

Companies frequently protect their trade secrets from this type of exfiltration with narrowly tailored noncompetes that prevent employees from taking jobs in which they are likely to use their former employer’s confidential information. These agreements are an important part of an effective trade secret protection program.

However, on July 9, President Biden issued an “Executive Order on Promoting Competition in the American Economy” calling for the Federal Trade Commission to “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

he article provides an overview of recent state and federal efforts to regulate the use of non-compete agreements. The current status of non-competition agreements is as follows:

Although states have, for the most part, been imposing various wage thresholds and notice requirements, the federal government has not yet taken action. Congress has not voted to ban noncompetes. Biden did not ban noncompetes though his executive order. And the FTC has not banned noncompetes. But they may.

The article concludes with suggestions for practical steps that companies can take now to prepare for federal regulation of noncompete agreements:

First, if you want to be heard, reach out to the FTC and Congress.

Second, review all existing restrictive covenants, whether contained in employment agreements, RSU agreements, stock option agreements, long-term incentive agreements, or other agreements.

Also, review and strengthen as appropriate all policies and codes of conduct. But be mindful of other applicable laws, including, for example, D.C.’s forthcoming prohibitions on anti-moonlighting requirements.

Third, make sure that there is a culture of confidentiality at your clients’ companies. That is not to say that all information needs to be locked down. There is always a balance. If information is locked down too tightly, work becomes less efficient and people will find workarounds, likely resulting in even less security for the information.

____

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.

Massachusetts Lawyers Weekly Features Hannah Joseph’s Analysis of Supreme Court Case

July 15, 2021
, , , , , News

Hannah Joseph’s article, summarizing the Supreme Court’s recent decision in Van Buren v. United States, was published by Massachusetts Lawyers Weekly on July 2, 2021.

The article, titled “Supreme Court narrows Computer Fraud and Abuse Act,” provides in-depth analysis of the Court’s landmark decision, which narrowed the Computer Fraud and Abuse Act (“CFAA”) and resolved a significant circuit split. The article also discusses the ruling’s import and makes practical suggestions for employers that want to preserve the potential to bring a CFAA claim in, e.g., trade secret misappropriation cases.

According to the article, following Van Buren, it no longer matters for purposes of determining CFAA liability that a person obtained computer information for an unauthorized purpose (such as accessing an employer’s confidential information to use at his next employer). It only matters whether the access was authorized to begin with.

In particular, as the article states,

he Van Buren decision has effectively returned the CFAA to its intended form as an anti-hacking statute, targeting external and internal hackers and centering around a gates-up-or-down inquiry.

This holding holds particular significance for trade secrets owners (such as employers) in those circuits that had previously interpreted the statute broadly.

Following Van Buren, it is no longer relevant for purposes of CFAA liability that an employee obtains computer information for an unauthorized purpose. Employers must now show that, in obtaining the computer information, the employee accessed a computer, or an area of a computer (such as a file, folder or database), that was off-limits to him.

Accordingly, employers who are interested in potentially preserving the option of bringing a CFAA claim may want to consider establishing internal firewalls on their computer systems and technologically cordoning their employees from information that they do not need to know in order to perform their roles.

(Doing so is also helpful for purposes of establishing a trade secrets claim but, on the other hand, may be counter to a company’s culture and otherwise slow down workflow processes. The extent to which a company partitions between departments and employees is thus a decision that an employer should make in partnership with its trade secrets counsel.)

Moreover, following Van Buren, companies looking to prevent the scraping of their online data may need to look to other causes of action, including, inter alia, for breach of contract, copyright infringement, trade secrets misappropriation, and under the Digital Millennium Copyright Act.

In addition to creating internal technological barriers (to address threats posed by employees), those companies may want to limit the amount of information they make available to the public (by, e.g., taking down certain information or password-protecting certain pages).

Hannah Joseph is Senior Counsel at Beck Reed Riden LLP, where she focuses her practice on complex commercial litigation. Specializing in the areas of trade secrets law, restrictive covenants, employee mobility, and unfair competition, she regularly litigates issues concerning the use and enforceability of noncompetition, nonsolicitation, and nondisclosure agreements, and counsels both employers and employees regarding the same. She also counsels on the protection of trade secrets. Hannah has been named Super Lawyers’ Rising Star in Massachusetts consecutively since 2016 and has been recognized as a recommended attorney by The Legal 500 United States 2021.

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 Erika Hahn in Lawyers Weekly on Biden’s Proposal to Ban Noncompetes

December 30, 2020
, , News, Noncompete agreements, Trade Secret

White HouseRussell Beck and Erika Hahn‘s article about President-elect Biden’s announcement of a policy to ban most noncompete agreements was recently published by Massachusetts Lawyers Weekly.

Their article, titled “Biden’s proposed ban of (most) noncompetes: steps to take (now) to protect trade secrets and goodwill,” provides thorough analysis of Joe Biden’s proposed non-compete ban, discussion of the rationale used to support the President-elect’s position, and practical steps companies should consider to protect their business interests whether or not noncompete covenants are barred.

According to the article, Biden’s proposal to ban noncompetes appears to ignore the policy recommendations of a 2016 Treasury Department report. Russell and Erika explain that the Biden administration’s proposal appears to “ignore the Treasury report’s ultimate conclusions and recommendations — as well as those of the Obama administration’s follow-up report and resulting Call to Action — all of which called for a rational response, as opposed to a throw-the-baby-out-with-the-bathwater response, focused on addressing the abuses, rather than proper use, of noncompetes.”

Russell and Erika further explain,

While a near complete ban may not be imminent, protecting trade secrets, confidential business information, goodwill, and other recognized legitimate business interests does not happen by accident. It takes planning.

And, when one of the key tools is in the crosshairs, companies need to focus more closely on the remaining options, which can work together to form a cohesive back-up plan when noncompetes are not available — or even when they are simply not necessary or enforceable in the particular circumstances. 

The article suggests practical tools that companies can use to protect their interests, including nonsolicitation and nondisclosure agreements.

Massachusetts Lawyers Weekly

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 twenty five years 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 (5th ed., MCLE, Inc. 2015), 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 administrating the award-winning blog, Fair Competition Law
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,600 and 850 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.

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