Russell Beck and Steve Riden to Speak at MCLE Seminar on California’s Noncompete Law

January 12, 2025
, , , Federal Noncompete Regulation, News, Noncompete agreements

 

Event Details

January 16, 2025

12-2 p.m. ET

Online

Registration is available from MCLE.

On January 16, 2025, Russell Beck and Steve Riden will be speaking at the Massachusetts Continuing Legal Education’s seminar titled “Impact of California’s Law on Noncompetes Everywhere Else.“

Russell is the chair of the seminar.

The presentation is described as follows:

California has banned noncompetes since 1872. But effective January 1, 2024, California doubled down on its anti-noncompete, anti-restrictive covenant public policy.

Amending section 16600 of the California Business and Professions Code and adding sections 16600.1 and 16600.5, California expanded the scope of its anti-restrictive covenant policy and prioritized its policies over that of any other state. It also created a safe haven for employees to flee to California to avoid restrictive covenant obligations with employers in other states.

This program explores how California’s new law and expanded anti-restrictive covenant policies have impacted employers and employees in California and around the country.

A full program for the presentation is available here.

or 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.

Steve Riden is also a founding partner of Beck Reed Riden LLP. His practice is in commercial litigation, and he represents corporate and individual clients in a wide array of commercial disputes across the country, and his primary focus is litigating trade secrets related matters. He has worked on myriad actions in state and federal courts involving trade secret issues, including representing several key witnesses in a jury trial that resulted in an award of more than $2 billion in damages for trade secret misappropriation.

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.

Nicole Corvini Daly and Nicole Gage to Speak at MCLE Seminar on Intellectual Property

January 12, 2025
, , , News, Trade Secret

Event Details

January 23, 2025

9 a.m.-5 p.m. ET

Online

Registration is available from MCLE.

On January 23, 2025, Nicole Gage and Nicole Corvini Daly will be speaking at the Massachusetts Continuing Legal Education’s seminar titled “Intellectual Property Practice: MCLE BasicsPlus!”

Nicole Gage is the chair of the seminar.

The presentation is described as follows:

Intellectual property in one or more forms is often integral to a company’s value. Understanding the type of intellectual property your client has and how to protect it is essential to fully protecting your client’s business interests.

Learn the basics needed to identify each type of intellectual property and how they relate to each other, as well as how to protect the value in intellectual property and avoid infringement. Although aimed at practitioners new to these areas, this program also provides enough depth for those with some experience.

In addition to chairing the program, Nicole Gage will be speaking about Trademark law, including the following topics: Statutory framework; Selecting and evaluating trademarks; Registration of trademarks; Licenses and assignments; Proper use and policing of trademarks; Basis for infringement and infringement defense.

Nicole Daly will be speaking about trade secrets. Her section will cover the following topic: Source of trade secret law; Impact of restrictive covenants; Establishment of a proper trade secret protection program; Bringing and defending a misappropriation case.

A full program for the presentation and registration is available here.

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. She handles trade secret and restrictive covenant matters around the country, including cases involving mass defections of employees, and has successfully litigated cases on behalf of both employers and employees to either enforce or overcome restrictive covenants.

Nicole Gage is also a partner at Beck Reed Riden LLP. She has  over 20 years of experience advising clients with respect to intellectual property matters. Her practice focuses on all areas of trademark and unfair competition law including clearance, portfolio management, prosecution, enforcement, litigation, due diligence, false advertising, licensing, trademark use and misuse, and use in connection with social media. She has significant experience in the Federal Courts and at the Trademark Trial and Appeal Board (TTAB).

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.

eck 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 MCLE Seminar on Noncompetes and Other Restrictive Covenants

June 3, 2024
, , Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

 

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.

Russell Beck to Chair MCLE Program on Noncompete Ban

May 3, 2024
, , , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck will be chairing the Massachusetts Continuing Legal Education’s seminar on the FTC’s noncompete ban.

The presentation, titled “FTC Decision on the Proposed Noncompete Rule,” will take place online on May 6, 2024, from 2 to 3 p.m. ET.

Registration and additional information for the MCLE program can be found here.

Russell will be speaking about the FTC’s issuance of a proposed final rule restricting noncompete agreements nationwide for most workers.

The program is described as follows:

On April 23, 2024, the Federal Trade Commission, by a 3-2 vote, adopted a rule establishing an unprecedented nationwide ban on noncompete agreements. This sweeping regulation, extraordinarily broad yet somewhat vague, extends to other types of agreements such as non-solicitation and confidentiality agreements, as well as other restrictive covenants that could arguably prevent competition.

This new program provides an overview and analysis of the FTC’s final rule, what companies need to know about the notice requirements, and what agreements can be used going forward to protect trade secrets, confidential business information, and goodwill.

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.” Russell recently published a helpful guide for employers seeking to protect confidential information following implementation of a nationwide noncompete ban.

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.

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.

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 Speaks at MCLE About Noncompete Agreements

December 11, 2023
, News, Noncompete agreements

On December 1, 2023, Russell Beck spoke about noncompete agreements at the Massachusetts Continuing Legal Education’s 26th Annual Employment Law Conference 2023.

Russell’s noncompete presentation was part of a panel titled “Update on the Legal Issues Surrounding Non-Competition Agreements and Other Restrictive Covenants,” The presentation will be rebroadcast on December 18 and 28, and a recording is available here.

Russell’s presentation focused on recent developments in noncompete law, including signification changes to California laws that will have far-reaching impact on employers, the proposed federal ban on noncompetes, and developments in states legislatures across the country.

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 November 2023, Russell hosted a virtual roundtable to discuss California’s new, expanded, anti-restrictive covenant laws. 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.”

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.

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 Speaks at MCLE About Trade Secrets

April 26, 2023
, Defend Trade Secrets Act, News, Noncompete agreements, Trade Secret

On April 25, 2023, Russell Beck spoke about trade secrets at the Massachusetts Continuing Legal Education’s seminar on intellectual property.

Russell’s trade secrets presentation was part of a program titled “What Every Business Lawyer Must Know About Intellectual Property Law Pitfalls & Opportunities.” The webcast will be rebroadcast on May 10 and May 18, and a recording is available found here.

Russell’s presentation focused on the sources of trade secret law, the impact of restrictive covenants, and the changing regulatory landscape. He also addressed the importance of establishing a proper trade secret protection program, and the basics of bringing and defending a misappropriation case.

_____

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.

Nicole Corvini Daly to Speak About Protecting Trade Secrets and Confidential Information

February 7, 2023
, , , News

On Wednesday, February 15, 2023, Nicole Corvini Daly will be giving a presentation at the Boston Bar Association titled “Maintaining Confidentiality Outside the Office.”

The one-hour webinar starts at 11 a.m. ET. Registration and additional information is available here.

The Boston Bar Association describes Nicole’s presentation as follows:

Keeping company information confidential has become even more challenging with employees increasingly working outside the office and accessing company records from their homes and personal devices. This program will address the pitfalls for employees and employers alike when it comes to access to trade secrets, proprietary information, and confidential communications. Providing management-side and employee-side perspectives, the program will cover trends, risks, and solutions for a constantly shifting issue.

icole 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. She handles trade secret and restrictive covenant matters around the country, including cases involving mass defections of employees, and has successfully litigated cases on behalf of both employers and employees to either enforce or overcome restrictive covenants.

The other speaker on this panel is Michael Ackerstein of Ackerstein Law.

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 to Speak at MCLE Conference

February 2, 2023
, , , News

On Friday, February 3, 2023, Steve Riden will be speaking at MCLE’s 22nd Annual Business Litigation Conference.

The one-day online event starts at 12 p.m. ET. Registration and additional information is available here.

Steve will be speaking on a panel called “Preserving, Searching for, and Discovering Key Evidence.” The panel will cover the following topics:

  • Litigation hold requests
  • ESI-email, texts, phone logs—identifying key custodians and accounts
  • Considering client’s document retention policies and practices
  • Agreeing to joint search terms for ESI
  • Protective orders
  • Confidentiality designations
  • Motions to impound confidential material
  • Confidentiality terms in settlement agreements
The other speakers on this panel are:
  • Matthew S. Furman, Esq., of Todd & Weld LLP , Boston
  • Sarah M. Nyren, Esq., of Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston

MCLE describes the event as follows:

This year’s annual Conference is a can’t-miss event! Get the latest update on new business litigation developments and important case law delivered in a dynamic, streamlined format by a stellar faculty of U.S. District Judges, U.S. Magistrate Judges, Massachusetts Superior Court Judges, and preeminent practitioners. Hear their insightful, practical tips from the trenches—and from the bench. The Judges discuss recent trends and field your questions in the ever-popular Business Litigation Session Judicial Panel and Federal Judicial Panel. And hear valuable strategic insights on preliminary injunctions as well as preserving, searching for, and discovering key evidence. Get highly practical, sage perspective that only experience—and the Conference—can provide.

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 MCLE About Proposed Noncompete Ban

January 22, 2023
, , , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck will be speaking at the Massachusetts Continuing Legal Education’s seminar on the Federal Trade Commission’s proposed Noncompete Clause Rule, which would essentially ban all employee noncompete agreements.

The presentation, titled “FTC’s Proposed Rule Banning Noncompetes,” will take place online on January 25, 2023, from 9:30 to 10:30 a.m. ET.

Registration and additional information for the MCLE program can be found here.

According to the description of the program, “[o]n January 5, 2023, the Federal Trade Commission announced a groundbreaking proposed rule, which would ban employee noncompetes. The proposed rule, if enacted, will completely change the landscape on restrictive covenants and trade secret protection. Not only would employers be unable to use or enforce noncompetes, they would be required to take steps to rescind existing noncompetes and notify employees that they are no longer enforceable. The proposed rule, which President Biden urged the FTC to adopt, purports to preempt all state law on noncompetes, including centuries of case law and significant recent state legislative efforts.”

MCLE describes the target audience for this program as follows:

Employers and employees need to be aware of and begin to plan for the possible adoption of the proposed rule (or a revised version thereof). Interested parties should also take advantage of the 60-day period to comment to the FTC on the proposed rule. This fast-track program is designed to assist lawyers in advising their clients in planning for compliance.

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.

_____

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 Presenting on Massachusetts Noncompete Law

May 26, 2020
, , News, Noncompete agreements

On May 29, 2020, Russell Beck will give a presentation titled “MA Noncompetes More Than a Year Later: The 60-Minute Lawyer.” The presentation will be livestreamed at noon this Friday by Massachusetts Continuing Legal Education, Inc. 

Registration information and other details about this MCLE program are available here.

As described by the program notes:

It has been over a year since the “new” Massachusetts Noncompetition Agreement Act took effect, and it has already had some very tangible consequences. Several aspects of the law continue, however, to create significant uncertainty. Hear the latest thinking on how to navigate those uncertainties and best advise your clients.

What have the effects been? What updates to the law may be on the horizon?

What practical advice can you give to clients concerning interpreting the laws?

The other speaker for the presentation is Katherine E. Perrelli, Esq., of Seyfarth Shaw LLP.

Russell and Kate Perrelli will cover several key topics concerning the 2018 Massachusetts Noncompete Law, including following items:

  • Legislative Process (how we got here)
  • Scope of the Statute (what/how it covers and what/who it doesn’t cover)
  • The Basic Standards (reasonableness in time, space, scope) and the Presumptions
  • Consideration
  • Fairness Aspects of the Law (advance notice, right to counsel)
  • Reformation Approach Retained
  • Signature Requirement
  • Venue/ Choice of Law
  • Springing Noncompetes
  • Areas of Confusion (and How to Advise Clients)
  • Consideration
  • Massachusetts Pending Amendments
  • Potential Impact of Federal Legislation

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 of 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 members around the world
  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2019 Chambers USA Guide, which stated that Russell Beck is a “terrific” attorney, who “is an excellent choice of counsel regarding noncompete agreements and the resolution of restrictive covenant disputes.” 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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