summary
Introduced
04/15/2015
04/15/2015
In Committee
05/14/2015
05/14/2015
Crossed Over
Passed
Dead
07/31/2016
07/31/2016
Introduced Session
189th General Court
Bill Summary
For legislation to protect trade secrets and eliminate non-compete agreements. Consumer Protection and Professional Licensure.
AI Summary
This bill, titled the Uniform Trade Secrets Act, establishes new protections for trade secrets and eliminates most non-compete agreements in Massachusetts. A "trade secret" is defined as information that has economic value because it's not generally known and is actively protected by its owner, such as formulas, business strategies, or customer data. "Improper means" refers to acquiring this information through theft, bribery, or breach of confidence, and "misappropriation" occurs when someone improperly acquires or discloses a trade secret. The bill allows for injunctions to prevent or stop the misappropriation of trade secrets, and provides for damages, including lost profits and unjust enrichment, with potential for double damages in cases of willful and malicious misappropriation. Importantly, the bill declares that any contract or agreement arising from an employment or independent contractor relationship that restricts a person's ability to seek future work is void and unenforceable, with specific exceptions for things like non-solicitation of employees or customers, non-disclosure agreements, and non-compete agreements made in connection with the sale of a business. This new law applies to all contracts, including those made before its effective date, and aims to make the law uniform with other states that adopt similar trade secret protections.
Committee Categories
Labor and Employment
Sponsors (6)
Jason Lewis (D)*,
Ruth Balser (D),
Will Brownsberger (D),
Jamie Eldridge (D),
Denise Provost (D),
Daniel Wolf (D),
Last Action
Accompanied a study order, see H4605 (on 09/12/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/S169 |
| Bill | https://malegislature.gov/Bills/189/S169.pdf |
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