Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/or hire employees who are not party to the agreements in question.

In the midst of these headwinds, a new decision from the Massachusetts Supreme Judicial Court, Automile Holdings, LLC v. McGovern, SJC-12740 (Mass. Jan. 14, 2020), stands out for its approval of an anti-raiding provision. Our article discussing the McGovern decision can be found here.