A federal judge in Massachusetts recently granted an employer’s application for a preliminary injunction against its former executive employee, finding the company’s noncompete provisions enforceable under the Massachusetts Noncompetition Agreement Act (MNAA). This decision provides important guidance to employers pertaining to the enforceability of restrictive covenants under Massachusetts law.

Quick Hits

• A Massachusetts federal judge enforced Fresenius’s noncompete agreement against a former supply chain executive who accepted employment with Vantive, a direct competitor, finding that the agreement adequately identified his employer and was properly executed.
• The court held that the restrictions were no broader than necessary under the Massachusetts Noncompetition Agreement Act because the executive had access to confidential companywide information and competitive strategies, and the restrictions applied only to duties substantially similar to those he performed for Fresenius.
• Finding that Fresenius was likely to succeed on its breach of contract claim and faced irreparable harm from the executive’s potential use of confidential information, the court barred him from working for Vantive until July 2027.

In Fresenius USA Manufacturing, Inc. v. Micah Much, the company sought to enforce certain noncompetition provisions in its “Employee Confidentiality, Assignment and Protective Covenants Agreements” that it entered into with the defendant during his employment (and in...

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