Shannon M. Lynch, a partner in the firm’s Employment Litigation and Counseling practice, was quoted in Massachusetts Lawyers Weekly on June 11, 2020. The article, “Shift in Duties Does Not Void Noncompete,” highlighted a recent Massachusetts Superior Court case concerning the “material-change doctrine” in the context of noncompete enforcement.
The Court held, among other things, that a project manager’s temporary assignment to more business development activities did not constitute a material change in his job responsibilities substantial enough to render his noncompete unenforceable.
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From the article:
“Boston employment attorney Shannon M. Lynch said the case serves as a reminder for businesses to include material change protections when drafting restrictive covenant agreements. For example, she said, companies might include language expressing a clear intent that the agreement remains in effect notwithstanding anticipated changes to compensation and other terms and conditions of employment.
‘While not a silver bullet, a well-drafted material change provision can fortify enforcement efforts,’ Lynch said.”