Media

Massachusetts Supreme Judicial Court Adopts the Federal “Joint Employer” Test for Massachusetts Wage and Hour Claims

There are many layers of risk involved in the context of different employment relationships.  One source of unexpected liability for businesses is when a business is deemed to be a “joint employer” of an employee and therefore subject to certain employment laws.  This may occur, for example, when a business leases employees from an employee leasing firm, or relies upon temporary employees from a staffing agency. …

Massachusetts Supreme Judicial Court Adopts the Federal “Joint Employer” Test for Massachusetts Wage and Hour Claims Read More »

Noncompete Unenforceable for Inadequate Consideration

Nice to be quoted in the below-linked Massachusetts Lawyers Weekly article about the impact of the recent (and first of its kind!) substantive decision on the consideration requirements of the Massachusetts Noncompetition Agreement Act!  Indeed, a “glimmer of hope” that the courts are starting to provide some guidance on this issue. Where to read: Mass …

Noncompete Unenforceable for Inadequate Consideration Read More »

Poorly Drafted Noncompete Leads To Important Decision On The Massachusetts Noncompetition Agreement Act

After nearly three years of waiting, a substantive decision has finally been issued addressing the consideration requirements of the October 2018 Massachusetts Noncompetition Agreement Act (the “MNAA”).  In an Order issued on July 15, 2021 in KPM Analytics North America Corp. v. Blue Sun Scientific, LLC (C.A. No. 4:21-CV-10572-TSH), U.S. District Court Judge Hillman dismissed …

Poorly Drafted Noncompete Leads To Important Decision On The Massachusetts Noncompetition Agreement Act Read More »

Shift in duties doesn’t void noncompete

Please see the linked Massachusetts Lawyers Weekly article regarding non-competition agreements and the material change doctrine, by which a material change to the terms and conditions of someone’s job may affect the validity of a non-competition agreement. Where to read: Mass Lawyers Weekly website (subscription required) Michael Chinitz LinkedIn profile Or download the PDF copy. 

1st Circuit affirms injunction in non-solicitation case

It is a nice compliment to be featured as a commentator today in Massachusetts Lawyers Weekly alongside my good friend and noncompetition/trade secret law guru, Russell Beck! See the article below. Where to read the article: Mass Lawyers Weekly website (subscription required) Michael Chinitz LinkedIn profile Or download the PDF copy.