This is an article of mine published last week in the September 2018 issue of the IEEE Reflector, the online monthly newspaper, that circulates to the 10,000 members of IEEE in Massachusetts.  www.ieee.org  My article is featured on page 5 of the current September 2018 issue.


This new law signed by Governor Baker in August goes into effect October 1, 2018 and sets limits to enforceability of non-compete agreements that employers may enter into with exempt employees and contractors, provided those employees leave their positions voluntarily or are terminated for cause.  In those cases, to be enforceable, such non-compete agreements must meet the following standards:

• Not exceed one year in duration after employment termination
• Provide the employee some consideration which at a minimum is either “garden pay” or other mutually agreed upon consideration
• Be reasonable in scope of prohibited activities and geographic coverage
• Be included at the time of job offer or 10 days prior to employment whichever occurs earlier.

The new law will also not affect non-competes that are part of the sale of a business or non-competes that are part of separation agreements negotiated at the time of employment termination.   Additionally, the new law expressly excludes application to any restrictions on these other restrictive covenants whose enforcement will be continue to be governed by Massachusetts state common law:

• Non-solicitation of customers and suppliers
• Non-solicitation of employees
• Assignment of inventions
• Confidentiality/ non-disclosure agreements

To read my full Reflector article, go to this LINK:  https://issuu.com/ieeeboston/docs/septemberdr2018?e=18904825/64145987 and view it on page 5.
Or view the article on my website at https://www.executiveemploymentattorney.com/new-massachusetts-law-restricts-non-compete-agreements/

​If you have any questions on this article, or questions in dealing with a non-compete agreement for yourself or a colleague, please email me at radelson@engelschultz.com.

Last Thursday, on August 10, 2017, CEOWorld magazine published an article I wrote on “Pitfalls of and Techniques to Surmount Non-Compete Agreements for Executives.” This article was designed for CEOs, C-suite executives and other senior executives who are asked to sign non-compete agreements with their company.  My article deals with both the coverage and pitfalls of non-competes but also offers key techniques for the CEO and senior executives to surmount non-competes and protect your career.

Techniques used in the past and offered to the reader include negotiation of the following

• Fully “Paid up” non-compete to make the Executive whole,
• Planning to navigate around the shoals of the non-compete terms,
• Use of an indemnity from the new employer.

My article also discusses key terms for the executive to negotiate in covenants for non-solicitation of customers and clients, non-solicitation of employee and contractors, confidentiality and NDA agreements, and assignment of inventions.

To see my full CEOWorld magazine article, go to LINK:  http://ceoworld.biz/2017/08/10/pitfalls-of-and-techniques-to-surmount-non-compete-agreements-for-executives/
or my website at http://www.executiveemploymentattorney.com/articles-section/pitfalls-surmount-executive-non-compete-agreement/

With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.

It is my hope that this article will be helpful to senior executives who are navigating the shoals of non-compete, non-solicitation agreements and going into a new position or change of control.  If you or any colleague of yours has a need in this area, please do reach out to me at 617-875-8665 or email radelson@engelschultz.com.