Massachusetts Justices Hint at Backing Noncompete Law’s Limits

Massachusetts noncompetition law isn’t intended to regulate a clawback of post-employment benefits for an alleged violation of a non-solicitation agreement, the state Supreme Judicial Court suggested during oral arguments Monday.

The dispute over the technicalities of the Massachusetts Noncompetition Agreement Act stems from a case brought by Susan Miele, the former head of human resources at a biotech company. Foundation Medicine, Inc. sought more than $1.2 million in transition benefits back from Miele after claiming she violated a non-solicitation agreement when moving to Ginkgo Bioworks.

“The question really is whether solicitation is a competitive activity within the definition of the ...