Brian Bialas Authors Article on Non-Compete, Non-Solicitation Agreements in Wake of Recent Superior Court Decision

August 13, 2013

Brian Bialas, a lawyer in Foley Hoag’s Litigation Department, Labor & Employment Department, and Data Privacy & Security Practice Group, recently authored an article on the outcome and consequences of a recent decision by Superior Judge Edward P. Leibensperger on the enforcement of a non-competition and non-solicitation agreement.

In A.R.S. Services, Inc. v. Morse, Leibensperger issued a preliminary injunction to enforce a non-competition and non-solicitation agreement and rejected several defenses offered by the defendant employee. However, the employee won on one issue when Leibensperger refused to enforce one non-solicitation clause and scaled back the duration, geographic breadth and scope of another. The article, which originally appeared in the August 2013 edition of the Massachusetts Lawyers Journal, provides a summary of facts and highlights in Leibensperger’s decision, as well as important lessons both employers and employees should take away from it.  

Click here to read the complete article. For more updates on non-compete legal developments, visit the Massachusetts Noncompete Law Blog.

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