A Fight Over the Trade Dress Can Be a Mess, But a Necessary One to Protect Your Brand – October 2020
Guidance from Attorney General Maura Healey on September 1, 2016 pursuant to Chapter 134 of the Acts of 2016, “An Act Relative to Transgender Anti-Discrimination.”
Comparable work must be compensated the same. “Comparable work” means work requiring similar skill, effort and responsibility.
When It Comes to Protecting Your Business, In a Sea of Change There Remain Steadfast Legal Mechanisms Which May Yet Work
The recent activity in the Massachusetts House indicates that changes to the long-standing law of non-competes may be imminent. Despite what may occur on Beacon Hill, there remain a variety of ways that businesses may protect their proprietary information.
NB – The Defend of Trade Secrets Act of 2016 was signed into law by President Obama in May 2016.
The U.S. Chamber of Commerce, in conjunction with several other similar groups, issued a report this week entitled, “Innovation That Matters.” The report looked at the high-tech start-up environments of twenty five U.S. cities and concluded that Boston was the number one start-up city in the so-called “digital economy.” The top five cities were:
- San Francisco Bay Area
- San Diego
Of these top five, three are situated in states which have for decades routinely enforced non-compete agreements and other forms of restrictive covenants. This legal reality appears once again to have no “stifling effect” on the business climates of 3 of the top 4 cities listed.
This national report is consistent with a December 2015 report from the MIT Industrial Performance Center, “Growing Innovative Companies to Scale/How does Massachusetts Measure Up?” This report found that in the area of life sciences, “Massachusetts has been on par with or surpassed California” when it comes to life sciences companies which are on a pathway to scale or have achieved scale or super-scaled status. Again, there is not even the mention of non-compete enforcement as having a negative effect on this reality. The report concludes that “Massachusetts has a solid track record of growing innovative companies to scale[.]”
The enforcement of post-employment restrictive covenants – such as non-compete and non-solicitation agreements – started as early as 1811 in the Commonwealth. Given these two reports, one can conclude that the abilities of MA companies to protect trade secrets and other confidential and proprietary business information through the mechanisms of restrictive covenants has contributed greatly to the successful business start-up and growth climate.
Free market competition or treason? Click the title above to read Andrew Botti’s third edition of his precis for the Corporate Executive on Employee Duty of Loyalty with a 2016 Legislative Update.
An article by Andrew P. Botti
An article by Charles Doyle, senior specialist in American Public Law