This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Massachusetts Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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Duration generally limited to one year; Garden leave or other mutually agreement consideration must be paid during the non-compete period; Geographic scope is generally limited to areas in which the employee provided services or had a material presence or influence in the past two years.
(It does not apply retroactively to existing agreements.)
"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."
To be enforceable in Massachusetts, a non-compete agreement must be in writing and signed by both the employer and the employee. It must also expressly state that the employee has the right to consult with a lawyer prior to signing.
In Massachusetts, a non-compete is only enforceable to protect a legitimate business interest.
The statute of limitations for a trade secret claim in Massachusetts is three years.
The plaintiff in a breach of contract case must prove that the defendant failed to perform in ance with the contract, and must do so with "substantial certainty" in identifying the term that was breached. The plaintiff must also prove that the breach created actionable damages.
It provides that ?a party shall state with reasonable particularity the circumstances [of misappropriation], including the nature of the trade secret and the basis for its protection.? The statute goes on to require that before commencing discovery, the party claiming misappropriation ?shall identify the trade secret ...