Commercial Law

“Facts are stubborn things” John Adams Rationale #1 for eliminating non-competition agreements in MA:  “Non-competes hinder start-ups, and thereby hurt the economy.” FACT: Company start-ups in California have declined nearly 50% when one compares the 2009 – 2011 period with 1978 – 1980. During the same comparative time periods, the decline in Massachusetts was 39%. […]

It was recently announced that the FTC will now ban non-compete agreements in Boston (and across the United States). Here’s an interview with GBH News where I discussed the ramifications for small businesses in the Boston area. The Federal Trade Commission voted to ban nondisclosure clauses for all U.S. workers, which the FTC chair argues

NOT ALWAYS WHEN YOU MIGHT THINK! A recent Mass Appeals Court decision has drawn a fine distinction between what constitutes a binding contract and what may be considered simply a unilateral promise unsupported by consideration, and therefore not enforceable. The case is Boston Capital Funding, LLC v. BEK Winchester Winning Farm, LLC, et al. In

A jury sitting in federal court in Massachusetts has awarded an employee with a mental health condition millions of dollars for the employer’s failure to reasonable accommodate a mental illness. The failure to do so led to the employee’s unwarranted dismissal.  Both the federal Americans with Disabilities Act (“ADA”) and its state analogue, c. 151B,

As an attorney who has settled hundreds of cases over the years, I can tell you that virtually all settlement agreements – irrespective of the type of case to which they pertain — have clauses concerning non-disclosure and non-disparagement issues. Such clauses tend to make certain settlements easier to achieve since the defendant(s) don’t have

In March of this year, the US House of Representatives passed the “Parents Bill of Rights Act.” H.R. 5. The Act is quite broad in scope and general terms, and governs certain strictures which would apply to public schools across the nation. It contains many facets. It is not limited to controversial issues such as

Here We Go Again!  The Federal Trade Commission (“FTC”) has recently proposed a rule which would ban non-compete clauses nationwide. The FTC claim is that such clauses stifle competition and keep workers from seeking similar jobs in the same industry. The proposed language is:  It is an unfair method of competition for an employer to