Non compete agreements are enforceable only if they are: (i) supported by consideration; (ii) reasonable in scope; and (iii) necessary to protect a legitimate business interest. A non compete may be unenforceable if it was signed after the beginning of employment, if the nature of the employment changed after signing the non compete, if the scope of the non compete is unreasonable, or if the employer cannot demonstrate the need to protect trade secrets or goodwill through the non compete.
If you are subject to a non compete, our employment lawyers can evaluate the non compete, and defend you if your employer sues under the non compete. If you are an employer, our employment lawyers can advise you on the enforceability of your non compete agreements, draft an enforceable non compete, or pursue litigation to enforce your non compete.
Non compete cases handled by Smith Lee Nebenzahl lawyers.
Shareholders in closely held companies owe each other a fiduciary duty. Similarly, officers and directors of all corporations owe a fiduciary duty to their shareholders. Smith Lee Nebenzahl lawyers have handled lawsuits brought by shareholders arising from attempts by majority shareholders to "freeze" them out of the business, lawsuits claiming that officers and directors breached a fiduciary duty to shareholders, and shareholder disputes about ownership rights.
Misappropriation of trade secrets under Massachusetts law requires: 1) the existence of a trade secret; 2) reasonable steps to preserve the secrecy of its trade secret; and 3) use of improper means to acquire the trade secret. A trade secret must actually be secret, meaning it cannot be known or readily ascertainable by others in the business, and it must provide a competitive advantage to its owner.
Information may be a trade secret even if it is not technical, such as compilations of customer information, if all of the above elements are met.
Our lawyers have handled trade secret lawsuits on behalf of companies as well as departing employees accused of misappropriating a trade secret. Our lawyers can also advise employers about measures to prevent misappropriation of their trade secrets.