06.18.2020 | News

Shannon M. Lynch Quoted in Massachusetts Lawyers Weekly on Noncompete Enforcement Strategy


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.

To read the full article, click here (subscriber content).

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.”

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