Archives: Blue Penciling

Massachusetts Governor Signs Non-Compete Bill Into Law

Just before midnight on July 31, 2018, the last day of its legislative session, the Massachusetts Legislature passed a significant bill regulating the use of non-compete agreements in the Commonwealth. Today, August 10, 2018, Governor Charlie Baker signed that bill into law. In an article dated August 1, 2018, we examined the key aspects of … Continue Reading

Massachusetts Non-Compete Law Reaches Governor’s Desk

By Erik J. Winton and Colin A. Thakkar on August 3, 2018 Posted in: Blue Penciling, Consideration, Garden Leave, Legislation, Non-Compete

Just before midnight on July 31, 2018, the Massachusetts Legislature passed a bill regulating the use of non-compete agreements in the Commonwealth. This development is a long time coming, as the Legislature had been attempting for nearly a decade to create a non-compete law. In an article posted on our website on August 1, 2018, Erik … Continue Reading

Massachusetts Legislature Pushes Forward With Amended Non-Compete Bill

By Erik J. Winton and Colin A. Thakkar on April 19, 2018 Posted in: Blue Penciling, Consideration, Garden Leave, Legislation, Non-Compete

This Blog has previously covered the six non-compete bills that were introduced in the Massachusetts Legislature in 2017 (See articles dated December 27, 2017, and March 2, 2018). On April 17, 2018, the Joint Committee on Labor and Workforce Development submitted a revised bill, House Bill 4419 (“H 4419”), in place of the prior bills. … Continue Reading

Kansas Decision Highlights The Perils Of Overreach In Restrictive Covenant Agreements

By Colin A. Thakkar on September 14, 2017 Posted in: Blue Penciling, Injunctions, Non-Compete, Non-Solicitation, Unfair Competition

In a recent decision examining Kansas non-compete law, the United States District Court for the District of Kansas partially granted a company’s motion to enjoin its former employee’s violations of the non-compete and customer non-solicitation provisions of his employment agreement. The decision, in the matter of Servi Tech, Inc. v. Olson, highlights a number of key … Continue Reading

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

By Lauren F. Gordon on March 5, 2017 Posted in: Blue Penciling, Non-Compete

Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now. In a case of first impression, Judge Thrash of the United States District Court for the Northern District of Georgia, in LifeBrite Laboratories, LLC … Continue Reading