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Non-Compete Lawyer in Portsmouth, NH

Serving Boston’s Financial District, Back Bay, Seaport, Cambridge & Greater Boston

Your employer just handed you a non-compete agreement, or you’ve left a Pease Tradeport company and received a cease-and-desist letter claiming you’re in violation of one. On the NH Seacoast, non-compete disputes arise frequently: technology and defense employers at Pease, Portsmouth Naval Shipyard contractors, professional services firms across Rockingham County, and hospitality and retail businesses throughout the Seacoast region all use non-compete and restrictive covenant agreements. New Hampshire’s non-compete law (RSA 275:70) imposes specific requirements that many employers fail to meet, and an agreement that doesn’t comply may be unenforceable before you ever get to a courtroom. Mark Whitney led the non-compete and restrictive covenant practice at one of Boston’s largest management-side employment firms for decades before founding Whitney Law Group. He knows these agreements from both sides. Schedule a free consultation before you sign or respond to anything.

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Why Seacost Professionals Choose Whitney Law Group for Non-Compete Matters?

The key differentiator is Mark Whitney’s history leading a major Boston firm’s non-compete and trade secret practice, which means he has spent decades drafting, enforcing, and defeating exactly the agreements Seacoast employers use. He knows what makes a New Hampshire non-compete enforceable, where the weaknesses appear in overreaching agreements, and how courts in Rockingham County Superior Court evaluate these disputes.

Whitney Law Group represents both employees and employers in non-compete matters across the NH Seacoast and Rockingham County. A critical advantage for Portsmouth-area clients: the firm practices in both New Hampshire and Massachusetts, which matters when your employment agreement is governed by Massachusetts law even though you work in NH, a common situation for Pease Tradeport and Seacoast employees of Boston-based companies. 

  • AV Preeminent rated.
  • 2025 Massachusetts Super Lawyer.
  • Located at 155 Fleet Street

What Non-Compete Representation Includes in Portsmouth, NH

Whitney Law Group handles every stage of a non-compete matter for Seacoast clients:
  • Pre-signing review — evaluating whether the agreement complies with RSA 275:70 and negotiating narrower terms before you commit
  • Post-signing enforceability analysis — assessing whether the agreement was properly presented, supported by adequate consideration, and reasonable in scope
  • NH vs. MA law analysis — determining which state’s law governs your agreement and which gives you the stronger position
  • Buyout and carve-out negotiation — structuring a payment or limitation that releases the restriction and allows your next career move
  • Cease-and-desist response — drafting an immediate legal response to employer demands before the situation escalates to court
  • Emergency injunction defense — appearing in Rockingham County Superior Court or federal court in Concord on short notice when employers seek emergency relief
  • Employer-side enforcement — pursuing departing employees who breach valid restrictions and take clients, confidential data, or key personnel

Under RSA 275:70, New Hampshire requires that any non-compete or non-piracy agreement be provided to a prospective employee before an offer of employment is made and accepted, not after the employee has already accepted or started the job. Agreements provided after acceptance may be unenforceable for lack of consideration regardless of their substantive terms. Many NH Seacoast employers, particularly those headquartered in Massachusetts and accustomed to Massachusetts non-compete practices, fail this timing requirement. Whitney Law Group evaluates compliance with this requirement as a first step in every non-compete review.

Client Reviews: Non-Compete Matters

"Mark Whitney is hands down the best non-compete attorney that I have experienced. I was a Vice President at a manufacturing company and I had an "iron clad" non-compete contract. I was trying to leave my employer to start my own business. I consulted with several attorneys and all of them were in agreement that I had no chance of getting out of this non-compete contract. I was referred to Mark Whitney from an investment banker that wanted to fund my startup business. After my consultation with Mark ... I knew I found the right lawyer to represent me. I quit my job and I hired Mark. He performed a miracle! I had a full release from my former employer in less than four weeks! I absolutely recommend Mark Whitney."
Scott
VP of Manufacturing Company
"I hired Mark to handle my discrimination and non compete case. Before hiring Mark I consulted with three big law firms in the New England area but was not convinced with them and decided to go with Mark. Best decision i ever made. Mark did a spectacular job handling my case and got it sorted out in less than 4 months. He is a great guy to deal with as well. You will never get the feeling you are dealing with a lawyer, you will really feel like you are dealing with a friend. He is always very patient and friendly and will give you the exact facts. He is not out to get your money and is always looking out for your best interests. He is tough and super smart and really knows what he is doing. The best damn lawyer around. Don't waste your time and money with the big firms. I would highly recommend Mark he is a rock star."
Client Name Withheld
Shipping Executive

FAQ: Non-Compete Agreements in Portsmouth, NH

Q: My employer is based in Massachusetts but I work at Pease Tradeport in Portsmouth. Which non-compete law applies — NH or MA?

The answer depends primarily on what your employment contract says. If your agreement contains a Massachusetts choice-of-law clause — common for employees of Boston-headquartered companies with NH offices — Massachusetts law may govern contract claims. Massachusetts’ 2018 Non-Compete Reform Act would then apply, requiring garden leave pay, 10-business-day advance notice before signing, and restrictions no broader than necessary. If there is no choice-of-law clause, or if you are a resident of or primarily employed in New Hampshire, RSA 275:70 applies. The distinction is significant — the two statutes have different timing rules, consideration requirements, and remedies. Whitney Law Group practices in both states and will quickly identify which framework applies and which gives you the stronger position.

Q: My employer says my non-compete is valid because I signed it when I was hired. Is that enough under NH law?

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: I’ve received a cease-and-desist letter from my former Seacoast employer. How quickly do I need to respond?

Within 24 to 48 hours at most. Cease-and-desist letters in non-compete matters are frequently the prelude to a motion for a temporary restraining order (TRO) in Rockingham County Superior Court or the U.S. District Court in Concord. Courts can grant emergency injunctions prohibiting you from working within days of the filing — sometimes without prior notice to you. Every day without legal representation is a day the employer’s attorneys are preparing their motion. Call Whitney Law Group the same day you receive any non-compete demand and do not respond to the employer or their counsel until you have spoken with an attorney.

Schedule Your Free Consultation Today.

Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Portsmouth employment lawyers for a confidential consultation about your non-compete rights, options, and next steps.
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