Massachusetts Non-Competition Laws: Protecting Trade Secrets or Restricting Commonwealth Innovation?

Abstract

Non-competition agreements are subject to much debate in the realm of American trade secret law, and this debate is magnified when taken in the context of employment in major technology hubs across the United States. The overwhelming success of Silicon Valley, California technology firms, where non-competition agreements are generally unenforceable, has sparked conversation over whether enforceability in other states is impeding innovation in other major technology hubs. The Massachusetts legislature is attempting to address this issue with two major bills on the enforceability of non-competition agreements in the Commonwealth, which as Massachusetts' presence in the technology industry continues to grow, could place technology firms in the Seaport Innovation District in a more advantageous position against their Silicon Valley competitors.