Posts tagged Nuvasive Inc. v. Day and Richard.
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The More Things Change, the More They Stay the Same: Court Holds That All Those New Non-Compete Rules Under Massachusetts Act Do Not Supplant Old Public Policies Applicable to Pre-Existing Agreements
Categories: Non-Compete Agreements
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When Massachusetts enacted the Massachusetts Noncompetition Agreement Act (“MNCA”) in mid-2018, many suggested then and thereafter that such statutes reflected an anti-employer tilt in public policy. But we advised at that time that the MNCA in fact appeared to present manageable options for sophisticated employers advised by knowledgeable counsel.   A recent federal court decision from the District of Massachusetts in Nuvasive Inc. v. Day and Richard, 19-cv-10800 (D. Mass. May 29, 2019), supports our earlier read, and belies the notion that Massachusetts courts see the ...

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