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Bradford & Bigelow facility sells for $25M

Material Change Doctrine and Non-Competition Agreements

Sunday, February 21, 2021 For years now, it seems that every annual “hot topics & trends” list within the legal and business community has included restrictive covenants and non-competition reform in one form or another. In certain jurisdictions, including Massachusetts, legislatures have enacted specific statutory reforms, generally viewed as being more employee-friendly. Amongst this debate and reform, the underlying common law principles regarding the enforceability of non-competition agreements should not be overlooked.  As the recent decision in  Bradley v. Bradford & Bigelow, Inc., Suffolk Superior Court, Civil Action No. 2084CV02504-BLS1 (Nov. 13, 2020), reminds us, these common law principles include the material change doctrine. The facts in 

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