Non-Compete Agreements
Non-compete agreements are still used by many Massachusetts businesses to protect intellectual property, trade secrets, and goodwill—but recent changes to both state and federal law have significantly narrowed when these agreements can be enforced. Under the Massachusetts Noncompetition Agreement Act and recent regulatory developments, employers must follow strict procedural and financial requirements for any non-compete to be valid.
The Boston business litigation attorneys at The Jacobs Law LLC represent companies in the drafting, defense, and enforcement of non-compete, non-solicitation, confidentiality, and non-disclosure agreements. We also defend employees seeking to challenge overly broad or outdated covenants.
What Makes a Non-Compete Agreement Valid (or Subject to Challenge)?
Courts reviewing non-competes focus on reasonableness—including whether an agreement is limited in time, geography, and scope. In Massachusetts, most non-competes are capped at 12 months, unless the employer provides “garden leave” pay of at least 50% of the employee’s highest base salary during the restricted period.
Timing also matters. Agreements presented before employment begins are typically enforceable, but those added after hiring may fail unless new consideration (e.g. compensation, promotion, and potentially continued employment) is given. Non-competes signed at the end of employment or as part of a business sale are generally more defensible.
Employers must also demonstrate a legitimate business interest, such as protecting trade secrets, proprietary data, or client relationships. Courts balance the employer’s rights against the employee’s ability to earn a living and the public interest in healthy competition.
Certain professions remain excluded entirely. In Massachusetts, non-competes cannot apply to doctors, nurses, psychologists, social workers, broadcasters, or lawyers.
Federal Developments and the FTC’s Attempted Ban
In April 2024, the Federal Trade Commission (FTC) proposed a nationwide rule banning most employee non-compete agreements. However, a federal court blocked the rule in August 2024, and the U.S. government dropped its defense in 2025.
As of now, enforcement remains state-based, meaning Massachusetts law controls—but the FTC and NLRB continue to review cases that may violate antitrust or labor rights. Employers should regularly audit their agreements with help from experienced counsel to stay compliant.
Non-Solicitation Agreements
Non-solicitation agreements are designed to prevent former employees from luring away clients, prospects, or co-workers. Unlike non-competes, these agreements can often last longer—if they remain reasonable and protect legitimate business interests.
Our attorneys draft enforceable non-solicitation agreements under our Business Contracts services and help enforce them through negotiation or litigation.
Confidentiality and Non-Disclosure Agreements (NDAs)
Confidentiality or non-disclosure agreements (NDAs) protect trade secrets and proprietary information. They remain valid as long as the underlying data is confidential.
It’s important to define what qualifies as confidential information within the agreement. NDAs differ from non-competes: an employee can join a competitor but must not disclose or use protected data. Proving a breach can be complex and often requires the support of skilled business litigation counsel, such as the attorneys at The Jacobs Law LLC.
Protect Your Business from Unfair Competition
The Boston Business Litigation Lawyers at The Jacobs Law LLC represent employers and professionals throughout Massachusetts in the enforcement and defense of non-compete, non-solicitation, and confidentiality agreements.
Whether you are seeking to protect your company’s interests or defend against an overreaching restriction, our attorneys—led by Travis J. Jacobs, Esq.—have the experience to help.
Call us today at 800-652-4783 or contact us online to discuss your options.
