Careful Drafting of Non-Competes and Other Restrictive Covenants Can Save the Day
It generally is a defense to a breach of contract claim if the defendant proves that the plaintiff was the first one to materially breach the parties’ agreement, writes Shep Davidson for The In-House Advisor.
He discusses a recent Massachusetts Superior Court case illustrating how a plaintiff seeking to enforce a post-employment restrictive covenant can avoid falling victim to such a defense – if the company has a carefully crafted agreement is in place.
In his article, he outlines the lessons for in-house counsel, advising how a well-drafted contract can eliminate a potential defense that could thwart an otherwise well-conceived restrictive covenant.