Product Description

Recent updates:

• Update: February 2021

  Dear Subscriber:

  Thank you for updating your library with the 2021 edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants . This latest edition integrates the provisions of the Massachusetts Noncompetition Agreement Act (MNAA), which took effect on October 1, 2018, analyzing the act's provisions as well as hundreds of cases addressing the underlying principles of law.

  Highlights from among the many issues addressed in this edition include

  • the basic standards for enforceability, covering consideration, reasonableness, duration, geographic reach, restricted activities, and protected business interests;

  • a review of recent legislative and regulatory activity in Massachusetts, other states, and the federal government relating to the scope and enforceability of noncompetition agreements;

  • advance notice requirements;

  • provisions on choice of law and selection of forum;

  • garden leave clauses;

  • standards for approval of preliminary injunctions and awards of damages;

  • adoption of the Defend Trade Secrets Act and the Massachusetts Uniform Trade Secrets Act; and

  • actions brought under the Computer Fraud and Abuse Act and Chapter 93A.

  We trust you will find the 2021 edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Introduction

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Chapter 2 expand

The Law of Restrictive Covenants

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Exhibit 2A

- Massachusetts Noncompetition Agreement Act—G.L. c. 149, § 24L Buy Form

Exhibit 2B

- State by State Survey of Employee Noncompetes Buy Form

Chapter 3 expand

Negotiating and Drafting Noncompetition Agreements

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Chapter 4 expand

Enforcing and Defending Against Noncompetition Agreements

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Checklist 4.1

- Enforcing Restrictive Covenants Buy Form

Checklist 4.2

- Defending Against Restrictive Covenants Buy Form

Chapter 5 expand

Other Laws

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Author(s)