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In October 2018, a non-compete reform bill when into effect in Massachusetts (the Massachusetts Noncompetition Agreement Act (“MNCA”)). The MNCA is still being refined through the courts with only the second published decision regarding the MNCA being decided recently in NuVasive, Inc. v. Day, 1:19-cv-10800-DJC. The District Court there granted the employer a preliminary injunction, and found that regarding the MNCA (1) non-competes in Massachusetts may include a choice of law provision outside of Massachusetts so long as the non-compete still complies with the requirements of the MNCA; and (2) that “garden leave” (i.e., keeping the employee on the payroll during the term of the non-compete period) is not required under the MNCA as long as there is still some “mutually-agreed upon consideration.” You can read a bit more about this decision here.