One Step Forward, Two Steps Back: Massachusetts Senate Reverses Course On Non-Compete Reform

As we last reported, just a few weeks ago, the Massachusetts House of Representatives unanimously approved a non-compete bill that revised the original draft bill and addressed some of the business community's concerns (such as the mandatory garden leave provision, prohibition on judicial reform of overbroad agreements, etc.). However, the Senate yesterday introduced a version that would dramatically curtail the enforceability of non-competes in Massachusetts, making substantial changes to the House's version (and in some cases, even going beyond the original bill prior to the House's compromise edits). Most — if not all — of the revisions are sure to concern those companies that use non-competes as one tool to protect their intellectual property: