The article covers a pair of decisions by the Business Litigation Session of the Massachusetts Superior Court concerning the enforcement of a noncompete agreement following the acquisition of the employer by another company. The decision was entered in the case titled NetScout Systems, Inc. v. Hohenstein.
In the article, Russell Beck is quoted as follows:
[T]he company may never have been dragged into court at all had it taken one simple step, according to Boston attorney Lee T. Gesmer.“The way you avoid this is to have the employee execute a new agreement at the time of acquisition,” he said.
However, doing so is “fraught with its own risk,” Boston attorney Russell Beck argued.“
Any time you ask a new employee in this context to sign a non-compete, there is possibility they reject the employment and the accompanying non-compete,” he said. “If that happens, depending on how the offer is made, the prior agreement may or may not be enforceable.”
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.
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. 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 2016 Chambers USA Guide, which explained that “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.”
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.