Bill > H2366

This bill establishes the Trade Secrets Act to govern the judicial enforcement of noncompetition agreements. The key provisions are: 1. Defines key terms such as "improper means," "misappropriation," "trade secret," and "noncompetition agreement." 2. Allows for injunctions against actual or threatened misappropriation of trade secrets and awards of damages, including exemplary damages for willful and malicious misappropriation. 3. Requires noncompetition agreements to be reasonable in scope, duration, and geographic reach, and sets presumptively reasonable limits on these factors. 4. Prohibits enforcement of noncompetition agreements against certain categories of workers, such as non-exempt employees, students, and those terminated without cause. 5. Allows courts to reform or revise unreasonable aspects of noncompetition agreements instead of voiding the entire agreement. 6. Establishes jurisdiction and choice of law rules favoring Massachusetts law for employees residing or employed in the state. Overall, the bill aims to strike a balance between protecting legitimate business interests and ensuring reasonable terms for noncompetition agreements.

Labor and Employment

https://malegislature.gov/Bills/190/H2366