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Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants

Thorough analysis of the case law; detailed guidance for the practitioner

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  • Product Number: 2213395WFM
  • Publication Date: 2/26/2021
  • Edition: 6th Edition 2021
  • Copyright: © 2021 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants provides an extensive analysis of noncompetition agreements in Massachusetts, including adoption of the Massachusetts Noncompetition Agreement Act, current trends in the law, the proper drafting of noncompetition agreements, strategies for their enforcement and defense, and their relationship to other restrictive covenants and laws. Included as exhibits are a fifty-state survey of noncompetition laws and checklists setting forth the steps to be taken in enforcing and defending against noncompetition agreements.

    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

    Table of Contents

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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, ยง 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
  • Editors & Authors
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