Friday, January 21, 2011

Massachusetts Non-Compete Legislation Re-Introduced

Russell Beck, author of the awesome Fair Competition Blog, has written extensively today about the refiled bill in Massachusetts that would modernize and govern non-compete agreements. Mr. Beck points out a number of changes to the prior bill and summarizes the key take-aways from the legislation. This is an excellent article worth reading in full to see what state legislatures are considering as far as reform. Remember that Massachusetts has a vibrant high-tech community, and that much debate has surfaced in recent years about whether its non-compete laws have caused a brain drain to California - the state most hostile to employee non-compete arrangements.

Meanwhile, in the great State of Illinois, which has not yet filed for bankruptcy, Rep. Jill Tracy reintroduced the Covenants Not to Compete Act, the text of which can be found here. Even assuming the General Assembly would take up this legislation and pass it through the required floor readings, the bill likely would go through several modifications. (Having written this legislation for a representative a few years ago, I would like to see something done with it in a modified form. No, not everything in this bill reflects my personal belief as to how the law should be.)

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