Orrick Attorneys Discuss Biggest Noncompete Decisions of 2019


Orrick’s Shawn Butte and James McQuade recently spoke with Law360 about the biggest noncompete decisions that have occurred so far this year. Shawn discussed a recent case in Massachusetts, which passed a 2018 law reining in noncompetes. He noted that “the new law doesn’t create public policy that prevents applying another state’s laws to a noncompete, but employers still have to have a real connection to another state to escape Massachusetts law going forward.”

In another case on the West Coast, a recent California ruling shows hostility towards nonsolicitation agreements may be a trend. Shawn agreed and noted that “the landscape in California is changing,” with Jim adding that, “It’s quite possible we could see another couple decisions [this year] and they very well could go the other way on this issue.”