Non-Competes in Massachusetts: An Update on the “Doctrine of Inevitable Disclosure”

What if an employee has access to particularly sensitive information that he or she could use in his or her next job simply by recalling it from memory?  Can the employee be prevented from working for a competitor on the basis that the employee is likely to use certain types of information integral to his or her skill set?  These questions are at the heart of the legal doctrine of “inevitable disclosure,” which several Massachusetts courts have addressed recently.

E&C Partner Denise Chicoine has written a brief white paper to help both employers and key employees quickly learn more about the applicability of the Doctrine of Inevitable Disclosure.

Click here to download “Non-Compete Agreements in Massachusetts: An Update on The “Doctrine of Inevitable Disclosure”




King’s Faire Inc. v. Strickney et al.

An analysis of an agreement not to compete in the unusual context of performing arts.  The court declined to enforce a non-competition clause which lasted two years and covered six states because it was an attempt to prevent legitimate competition by a former employee.  The court considered the geographic scope and time period of the covenant overly broad, particularly where the employer could not show the theatre production in question would harm its good will.

Read the decision (PDF)