Non-Compete Attorney in Boston, MA
Your employer just handed you a non-compete agreement… or you’ve left a company and received a cease-and-desist letter claiming you’re in violation of one. Either way, the clock is already running. Non-compete disputes in Boston move fast: employers file for emergency injunctions, courts hold hearings within days, and a wrong move in the first 48 hours can define the outcome. You need an attorney who has been on both sides of these cases, someone who knows exactly how your former employer’s counsel will move and what arguments will and won’t hold up in a Massachusetts court. Mark Whitney led the non-compete and restrictive covenant practice at one of Boston’s largest management-side employment firms before founding Whitney Law Group. He has drafted, enforced, and defeated non-competes for 30+ years, in Massachusetts and New Hampshire, representing employers and employees. Schedule a consultation before you make any move.
Why Boston Professionals Choose Whitney Law Group for Non-Compete Matters?
Mark Whitney’s background is the differentiator here. Before founding WLG, he led the Non-Compete, Trade Secret, and Unfair Competition practice at Morgan, Brown & Joy, one of the oldest management-side employment boutiques in Boston. That means he spent years building the exact playbooks your former employer’s counsel may be using right now, and he knows where those playbooks have weaknesses.
Whitney Law Group represents both employees and employers in non-compete matters: challenging overreaching restrictions, negotiating buyouts and carve-outs, and, when necessary, litigating in Suffolk Superior Court and the Business Litigation Session. AV Preeminent rated. 2025 Massachusetts Super Lawyer. Located at 201 Washington Street in the Financial District, steps from the courts where these cases are decided. Same-day consultations available.
What Non-Compete Representation Includes in Boston
- Pre-signing review: Evaluating enforceability and negotiating narrower terms before you sign
- Post-signing analysis: Assessing whether your agreement complies with Massachusetts’ 2018 Non-Compete Reform Act
- Buyout negotiation: Structuring a payment to the former employer to release the restriction
- Demand letter response: Drafting a legal response to cease-and-desist and injunction threats
- Emergency injunction defense: Appearing in Suffolk Superior Court or federal court on short notice
- Employer-side enforcement: Pursuing departing employees who have taken clients, confidential data, or key personnel
Client Reviews: Non-Compete Matters
FAQ: Non-Compete Agreements in Boston
Q: My employer is based in another state but I work in Boston. Does Massachusetts non-compete law apply?
Generally, yes. Massachusetts courts apply Massachusetts law to employment performed in Massachusetts, regardless of where the employer is headquartered or where the contract was signed. The 2018 Non-Compete Reform Act explicitly covers employees who are residents of or employed in Massachusetts. If your contract contains a choice-of-law clause selecting another state’s law, courts will still typically apply Massachusetts law if it provides greater employee protections, and it often does. Whitney Law Group handles multi-state non-compete situations regularly.
Q: What is “garden leave” and does my employer have to pay it?
Garden leave is a payment your employer makes to you during the non-compete period, typically at least 50% of your highest annualized base salary over the prior two years. Under the 2018 Massachusetts Non-Compete Reform Act, agreements signed after October 1, 2018, must include garden leave pay or “other mutually-agreed upon consideration.” Agreements that don’t include this may be unenforceable. In practice, many Boston employers have added garden leave language to their agreements, but some still don’t, and the definition of “other consideration” is contested. Whitney Law Group will evaluate whether your agreement meets the statutory requirements.
Q: My former employer sent a cease-and-desist letter. How fast do I need to respond?
Immediately – within 24 to 48 hours. Cease-and-desist letters in non-compete matters are often the first step before a motion for a temporary restraining order (TRO). Courts can grant emergency injunctions that prohibit you from working in as little as 48 to 72 hours after a filing. Every day without legal counsel is a day the other side’s attorneys are building their motion. Call Whitney Law Group the same day you receive any non-compete demand.