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.
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