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7th BBA Symposium on Employee Noncompete and Trade Secrets

Tuesday, October 13, 2015 4:00 PM to 6:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


It has been argued that employee non-compete agreements (ENCA’s), in addition to being unfair, have hurt innovation and enterprise creation in Massachusetts.  Advocates for the status quo argue that the ENCAs are strictly scrutinized and necessary for the protection of confidential information of employers.

The 188th General Court Senate overwhelmingly approved an economic development bill that included both a BBA-tweaked version of the 48-states-adopted Uniform Trade Secrets Act and a compromise mechanism to discourage overreaching ENCAs.  These provisions died in conference.  New bills were introduced in the 189th General Court, with several bills adopting the California (and former Michigan) model of making unenforceable ENCAs but not non-disclosure and non-solicitation agreements

In the BBA’s seventh symposium on these issues, legislators sponsoring these bills and lawyers advocating, opposing or advising on reform will provide an overview of recent developments and issues going forward. Arguments will be made for the status quo.  There will be opportunity for attendee questions and presentation of views.

Attendees are encouraged to stay after the program for a post-symposium reception.


Sponsoring Section/Committee(s):




Cassandra Shavney


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