Welcome

The purposes of this website are:

  • to facilitate comment on non-competition legislation pending before the Massachusetts legislature;
  • to provide an outlet for updates on the bills pending.

To make specific language suggestions on House 2293, please use the section-by-section links in the sidebar to the right.

You’ll need to register to comment — use the little “register” link at the bottom of the login screen.   Please use your true full name as your user ID.

Latest Bill Status

At this writing the bill has not had a hearing yet.

We are anticipating a hearing on September 15, but that hearing date has not yet been confirmed.

You can view the latest actions at this link.

Red Lining and Blue Lining

In a previous post, we noted the difficulty of reaching agreement around using the threat of attorneys fees as an incentive for companies to draft reasonable non-competes.

What about the idea of shifting from a blue-lining regime to a red-lining regime — if you overreach with a non-compete, it will be invalidated instead of [...]

Notes from Meeting of April 14

A meeting was held on April 14 of persons that have expressed interest in the specifics of the draft legislation. [...]

Attorneys Fees in House 2293

In drafting House 2293, we were guided by the view that (a) most non-competition agreements are form agreements drafted by corporate counsel; (b) few are actually litigated.  So, to encourage changes in practice, it was primarily necessary to influence the thinking of corporate counsel at the drafting stage.

To this end, we used the [...]