Tag Archives: Nonsolicit agreement

A recent issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “1st Circuit affirms injunction in non-solicitation case.”

The article covers a decision by the United States Court of Appeals for the First Circuit concerning the enforcement of a non-solicitation agreement against a former sales employee who went to work for a competitor. The court rejected the employee’s argument that the Massachusetts Noncompetition Agreement Act applied to the dispute because the restrictive covenant predated the effective date of the law, and the law does not govern non-solicit (as opposed to noncompete) restrictions.

The decision was entered in the case titled NuVasive, Inc. v. Day.  The article was written by Massachusetts Lawyers Weekly reporter Eric T. Berkman.

In the article, Russell Beck is quoted as follows:

Russell Beck, a Boston attorney and leading expert on noncompete law, said the decision was “unsurprisingly disappointing” in terms of providing any new insight into the substance of the new noncompete law.

Still, he said, any 1st Circuit decision in a non-solicitation preliminary injunction case will have important takeaways, and NuVasive is no exception.

For one thing, he said, the decision indicates that in the context of a choice-of-law analysis, the fact that a company is incorporated in Delaware is enough to apply Delaware law to a Massachusetts resident subject to a restrictive covenant.

At the same time, the case involved a non-solicitation agreement in a contract that pre-dated the MNCA’s effective date, Beck said.

“So whether the 1st Circuit’s decision will continue to permit application of another state’s law to noncompetes signed on or after Oct. 1, 2018, remains to be seen,” he said. “I expect the court will apply Massachusetts law notwithstanding any other choice-of-law provision in the agreement.”

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 four 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
• 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.