MA Noncompete Agreement Reform Clears First Major Hurdle

State-house.pngOn June 29, 2016, the Massachusetts legislature moved one step closer to reforming noncompete agreements. With 150 votes for the legislation, and no votes against, the Massachusetts House of Representatives passed “An Act relative to the judicial enforcement of noncompetition agreements.”

If this noncompete bill becomes law (it’s not there yet—it would still need to be passed by the Senate and signed by the Governor by the end of July for that to happen), then there will be a dramatic shift in the way employers are permitted to use noncompete agreements in Massachusetts.

Significantly, the House of Representatives’ noncompete bill would:

  • Cap the noncompete period to 12 months from the date of termination;

  • Restrict employers from enforcing noncompetes against nonexempt (hourly) workers, student interns, and employees under 18; and

  • Prevent enforcement of noncompete agreements against employees who have been terminated without cause or laid off.

The 12-month cap can be extended for up to two years in the event the employee breaches a fiduciary duty to the employer or if the employee unlawfully takes the employer’s information or property.

Screen Shot 2014-10-19 at 11.33.00 AMne controversial aspect of the new bill is the so-called “Garden Leave” clause, which would require employers to pay half the salary of employees for the duration of their noncompete period after they leave. But there’s a major caveat to the Garden Leave provision: The bill gives employers the option of providing some “other mutually-agreed upon consideration . . . provided that such consideration is specified in the noncompetition agreement.”

The bill would not affect nonsolicit agreements that bar employees from transacting business with employers’ customers, clients, or vendors. The bill also maintains the status quo for the courts’ ability to modify noncompete agreements by giving judges discretion to reform or otherwise revise a noncompete agreement so as to render it valid and enforceable.

According to the House’s legislation, in order for a noncompete agreement to be valid, new hires must be given prior notice that they will be bound by such an agreement – either with the delivery of the offer of employment or 10 business days before the employee starts work, whichever is earlier. There is also a 10-day notice provision for current employees who are asked to sign new noncompete agreements.

Separate from the noncompete aspects of the bill, if passed, the bill will adopt the Uniform Trade Secrets Act. The impact of that is, as a practical matter, limited.

Russell Beck recently spoke on a panel at the Boston Bar Association’s symposium about the Massachusetts non-compete agreement reform legislation. For up-to-the-minute analysis of legal issues concerning noncompete agreements and trade secrets in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis 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 andbusiness 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. Recently, 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; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 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 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging fromFortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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 on Noncompete Agreements in Lawyers Weekly

Russell BeckThe June 27, 2016, issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “Action on non-competes eyed before session’s end.”

The article covers the 8th annual Boston Bar Association symposium on non-compete agreements and trade secrets. Russell Beck was a speaker on the panel, which featured “drafters, sponsors, supporters and critics of state bills to reform the use of employee non-compete agreements.”

Massachusetts Lawyers WeeklyThe article discusses legislation pending in the Massachusetts State Legislature that would reform the use and enforcement of non-compete agreements. One controversial aspect of the pending legislation is the so-called “Garden Leave” clause, which would require employers to pay half the salary of employees for the duration of their noncompete period after they leave.

In the article, Russell Beck addresses the proposed Garden Leave provision as follows:

One argument against the garden-leave provision, according to Boston attorney Russell Beck, is that the employee has already been compensated for accepting his non-compete, making additional consideration, post-employment, unnecessary or unjust.

It also has been argued that garden leave “would significantly adversely disadvantage small companies, who can’t afford to pay somebody not to work,” he added.

The current legislation also contains a provision that would prevent enforcement of noncompete agreements against employees who have been terminated without cause or laid off. In the article, Russell Beck is quoted as follows on this provision:

However, Beck noted that, as a practical matter, companies typically do not seek to enforce non-competes against such employees, relying instead on non-disclosure or non-solicitation agreements to protect their interests.

Another provision evoking mixed feelings is the proposed elimination of the practice of allowing judges to “red-line” overbroad non-compete agreements. The theory is that it will incentivize companies to tailor their non-compete agreements more narrowly from the outset.

“It moves the needle and makes a company focus more on bringing the language in line with what the law requires,” Beck said, adding that employees gain the “significant benefit” of receiving clear notice about what they are restricted from doing.

Separate from the noncompete aspects of the pending Massachusetts legislation, if passed, the bill will adopt the Uniform Trade Secrets Act. The article addresses the uncertainty about the new trade secrets law, with some saying that it would make it harder to obtain triple damages and attorneys’ fees in trade secret misappropriation cases. The article quotes Russell Beck on this topic as follows:

Others are not sure the bar will be raised much, however. For one thing, there are cases on both sides of the issue of whether 93A even applies to a departing employee who misappropriates trade secrets, Beck said.

The controlling authority, the Appeals Court case Specialized Technology Resources, Inc. v. JPS Elastomerics Corp., answers that question in the affirmative. However, Superior Court Business Litigation Session Judge Janet L. Sanders suggested that Specialized Technology was wrongly decided in her decision in The Gillette Company v. Craig Provost et al. late last year.

But presuming that 93A does apply in that context, Beck thinks the same conduct that would have established a valid 93A claim will meet the UTSA’s “willful and malicious” standard.

The article was written by Massachusetts Lawyers Weekly news reporter Kris Olson.

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.

Beck Reed Riden LLPBLF 2014_Silver_Generalis 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. Recently, 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; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 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 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

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

Fortune Cites Beck Reed Riden LLP’s 50-State Noncompete Agreement Survey

FortuneThe online edition of Fortune magazine features an article that cites to Russell Beck’s research and writing about noncompete agreements. The recent article about non-competition covenants is titled “Non-Compete Agreements Are Bad for the Little Guy and Bad for the Larger Economy.” The article is by Fortune’s senior writer, Barb Darrow.

The story considers the position that non-compete agreements are bad for businesses and the economy. The article mentions Beck Reed Riden LLP’s 50 State Noncompete Survey as follows:

Prospective employees in high-tech often have to sign these agreements as a condition of employment. As of now, every state except Oklahoma, California, and North Dakota has non-compete provisions in some form. Even California appears to have some restrictions related to trade secrets, according to a survey by Boston law firm Beck Reed Riden.

In related news, in May 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” also relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

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.

Beck Reed Riden LLPBLF 2014_Silver_Generalis 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.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 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 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

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

Russell BeckRussell Beck‘s experience with noncompete and trade secret matters is lauded in the 2016 Chambers USA Guide.

According to Chambers:

Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.” He is an accomplished advocate in both trial and appellate courts, as well as mediation and arbitration proceedings.

Russell was first ranked by Chambers USA in its 2010 guide.

Beck Reed Riden LLPis 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.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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’s Presentations on the Defend Trade Secrets Act

Russell BeckRussell Beck is giving a series of presentations across the country about the Defend Trade Secrets Act.

In May 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”)—a law that is arguably the most significant development in trade secrets law in over 30 years—putting trade secrets on par with other intellectual property.

On May 24, Russell spoke on a panel at the Boston Bar Association titled “The Defend Trade Secrets Act of 2016: A Federal Private Action for Global Unfair Competition.” The presentation focused on the anticipated utility of the new federal law:

Last month, responding to estimated annual losses to foreign thieves of $300 billion of trade secrets and 2.1 million jobs, Congress voted nearly unanimously (Senate 87-0, House 410-2) to enact the Defend Trade Secrets Act of 2016 (“DTSA”).

Will the new ex parte seizure provision adapted from anti-counterfeiting law help stem these losses?  Or does the existing Economic Espionage Act of 1996 framework into which DTSA was inserted expose American companies to claims of misappropriation in foreign territory?

On May 26, Russell appeared with a panel on a webinar hosted by the American Intellectual Property Law Association titled “Are you ready for the Defend Trade Secrets Act?” The presentation focused on what practitioners need to know and do regarding the DTSA. The panelists discussed the law’s addition of federal jurisdiction as an option for litigants, the statute creates opportunities and uncertainties around how and where to file litigation, as well as how to deal with combined state and federal claims.

White HouseOn May 26, Russell also gave a presentation with a panel at the Massachusetts Bar Association titled “What’s Mine is Mine — Trade Secrets: The new federal private right of action for misappropriation of trade secrets.”

On May 27, Russell and Stephen Chow, of Burns & Levinson, LLP, gave a seminar at Massachusetts Continuing Legal Education titled “‘1st Look at the Defend Trade Secrets Act.” The MCLE seminar focused on the impact of the DTSA on companies’ ability to protect their trade secrets, the potential ramifications of missteps along the way, and the risks to U.S. companies and others. A recording of this webcast is available online from MCLE.

In addition, on May 19, Russell moderated a panel discussion at the American Intellectual Property Law Association‘s 2016 Spring Meeting Session in Minneapolis, MN. The AIPLA presentation was titled “Corporate Practice/ Trade Secret Law” and it focused on topics including the ethics of monitoring employees for security breaches and the use of restrictive covenants for in-house counsel.

On June 13, 2016, Russell will be a panelist at the 8th Annual Symposium on Non-Compete Agreements and Trade Secrets in Boston. The Boston Bar Association is sponsoring the Symposium, which will be held on Monday, June 13, 2016, from 4 to 6:30 p.m. at 16 Beacon Street in Boston. Registration information is here.

BLF 2014_Silver_GeneralBeck Reed Riden LLPis 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.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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 Named Fellow of Litigation Counsel of America

Russell BeckRussell Beck has been selected as a Fellow of the Litigation Counsel of America.

The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

Litigation Counsel of America Blue box new badge FAccording to the LCA, the number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.

BLF 2014_Silver_GeneralBeck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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.

 

White House Report on Noncompete Agreements Relies on Beck Reed Riden LLP’s Analysis

 

White HouseOn May 5 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.

As the White House explains, “[t]o address issues that limit competition in the marketplace, the President has instructed executive departments and agencies to propose new ways of promoting competition and providing consumers and workers with information they need to make informed choices, in an effort to improve competitive markets and empower consumers’ and workers’ voices across the country.”

The White House summarizes some of the effects of noncompete agreements as follows:

The main economically and societally beneficial uses of non-competes are to protect trade secrets, which can promote innovation, and to incentivize employers to invest in worker training because of reduced probability of exit from the firm.

However, evidence indicates that non-competes are also being used in instances where the benefit is likely to be low (e.g., where workers report they do not have trade secrets), but the cost is still high to the worker.

The White House cites Beck Reed Riden LLP’s research, which was previously featured in the Wall Street Journal, as follows:

A 2013 study commissioned by the Wall Street Journal signals either a rise in the prevalence of non-competes, or significant growth in their enforcement. The law firm Beck Reed Riden LLP found a 61 percent rise from 2002 to 2013 in the number of employees getting sued by former companies for breach of non-compete agreements.

The White House brief also cites the recently issued report from the United States Department of the Treasury entitled, “Non-compete Contracts: Economic Effects and Policy Implications,” which also relied in part on Beck Reed Riden LLP’s research on nocompete agreements.

The White House report concludes that state legislatures will continue play a significant role in the use and enforcement of noncompete agreements, and indicates that President Obama’s Administration will be focusing its attention on such agreements as follows:

In some cases, non-compete agreements can play an important role in protecting businesses and promoting innovation. They can also encourage employers to invest in training for their employees. However, as detailed in this report, non-competes can impose substantial costs on workers, consumers, and the economy more generally. This report informs future discussions and potential recommendations for reform by providing an overview of the research on the prevalence of non-competes, evidence of their effects, and examples of actions states are taking to limit the use and enforcement of unnecessary non-competes.

There is more work to be done. The Administration will identify key areas where implementation and enforcement of non-competes may present issues, examine promising practices in states, and identify the best approaches for policy reform.

The White House’s press release on today’s report was penned by Ryan Burke, a Senior Policy Advisor in the National Economic Council. A full copy of the White House non-compete agreement brief can be downloaded 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.

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.

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
  • 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.

Russell Beck Quoted in Boston Herald on Noncompete Reform

Russell BeckThe March 3, 2016, edition of the Boston Herald features Russell Beck in an article titled “Robert DeLeo takes on noncompetes.”

The article reports on Massachusetts Speaker of the House Robert DeLeo’s announcement of a proposal for significant changes to Massachusetts noncompete law.

Boston Herald

The story describes recent efforts to regulate noncompete agreements in Massachusetts:

Changing the state’s laws on noncompetes has been proposed regularly for years, but gained little traction.

Two years ago, “ban noncompetes” became a rallying cry for the local tech industry, which packed State House hearing rooms arguing noncompetes were stifling innovation. But other tech companies and business groups opposed the measure, and a Senate bill stalled when the House of Representatives failed to act.

DeLeo’s proposal doesn’t go as far as that bill, which would have limited noncompetes to six months.

Russell Beck is then quoted as follows:

“When the Legislature is being­ asked to address a thorny issue like this, often times the best result­ is something that dulls the sharp edges of the issue­,” said Russell Beck, an employ­ment lawyer. “Looking at the way the speaker approached­ it, I think he took a reasonable approach, and a reasoned approach.­”

The article is by Boston Herald reporter, Jordan Graham.

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.

Beck Reed Riden LLPBLF 2014_Silver_Generalis 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.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 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 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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 Discusses Noncompete Reform in Lawyers Weekly

Russell BeckA Massachusetts Lawyers Weekly article posted on March 2, 2016, features Russell Beck in a story titled “House to pursue compromise on non-competes.”

The article reports on Massachusetts Speaker of the House Robert DeLeo’s announcement of a proposal for significant changes to Massachusetts noncompete law.Massachusetts Lawyers Weekly

The article cites Representative Lori Ehrlich’s efforts to reform noncompete law in the Commonwealth:

Rep. Lori Ehrlich, D-Marblehead, who has been working for more than seven years to get non-compete-reform legislation passed, said she is “thrilled” the speaker has made the issue a priority for economic development in Massachusetts.

“The details he laid out will go far to help thousands of employees in the commonwealth and foster growth in our innovation economy,” Ehrlich said. “I look forward to rolling up my sleeves and digging into those details.”

Russell Beck is then quoted as follows:

State house strt

Among those details, said Boston attorney Russell Beck, are what it means to be “low wage,” what is involved with the stated right to counsel and the extent of advance notice that will be required to be provided.

Beck, who drafted Ehrlich’s first non-compete bill in December 2008, agreed that the speaker “chose some very important aspects of non-competes to address,” calling the announcement a “very positive development in the protection of our more vulnerable employees.”

Though the 12-month limit on the term of non-competes may not be as aggressive as some proponents of reform may have liked, Beck noted that many companies currently have 18-month and two-year agreements.

For now, Beck said that his fellow practitioners need to monitor whether Beacon Hill decides to act before the legislative session adjourns this summer and then assess what kinds of changes need to be made to employment contracts, not just with respect to non-compete agreements but other terms, such as non-disclosure and non-solicitation clauses, which address similar concerns regarding departing employees.

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

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.

Beck Reed Riden LLPBLF 2014_Silver_Generalis 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.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • 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 cases

  • 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 750 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 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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 Hannah Joseph Speak about Protecting Trade Secrets

Screen Shot 2016-02-26 at 2.45.12 PMRussell Beck and Hannah Joseph will speak about protecting trade secrets from insider threats (i.e., employees) at the Boston Bar Association today. More information is available here.

Attendees at today’s event will learn how to draft nondisclosure agreements and other restrictive covenants, what policies to implement within the workplace, and what steps should be taken with respect to both new and departing employees.

Russell Beck is a member of the Board of Trustees of the Boston Bar Foundation, which is the official charity of the Boston Bar Association. Hannah Joseph is a member of the Boston Bar Association’s Intellectual Property Law Committee.

Beck Reed Riden LLPBLF 2014_Silver_Generalis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor 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 Beck Reed Riden LLP handles, and what we can do for you here.

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