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Bill > S169


MA S169

MA S169
To protect trade secrets and eliminate non-compete agreements


summary

Introduced
04/15/2015
In Committee
05/14/2015
Crossed Over
Passed
Dead
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)

Last Action

Accompanied a study order, see H4605 (on 09/12/2016)

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