What does the Massachusetts Noncompetition Agreement Act require?
MNCA requires that any post-employment non-compete signed after October 1, 2018 be: in writing, signed before employment starts (or with 10 business days' notice plus additional consideration if signed later), supported by garden-leave pay equal to at least 50% of the employee's highest annualized base salary during the restricted period (or 'other mutually-agreed consideration'), limited to 12 months, and reasonably tailored in geography and scope. Agreements that don't comply are usually voided in court.
What is Chapter 93A and why do Boston business contracts mention it?
Massachusetts General Laws Chapter 93A is the state's consumer protection and business fair-practices statute. Section 11 lets businesses sue other businesses for 'unfair or deceptive acts or practices in trade or commerce,' with potential double or treble damages and attorneys' fees. Most Boston commercial contracts include language addressing 93A: either preserving rights, contractually waiving certain claims, or requiring specific notice and opportunity to cure before suit.
How much does a business contract lawyer cost in Boston?
Expect $395-$700/hour at boutique and mid-market Boston firms, $700-$1,400/hour at the Financial District AmLaw firms. Many Boston firms offer flat fees for predictable work: $1,500-$3,500 for an LLC operating agreement, $2,000-$5,000 for a founders' agreement, $1,500-$4,500 for vendor and services contracts.
Does my Boston contract have to be in the Business Litigation Session, or can it be in regular Superior Court?
The Business Litigation Session is opt-in for cases that meet its jurisdictional criteria (generally, commercial disputes over $50,000 with sufficient complexity). Most sophisticated Boston business contracts include language specifying Suffolk County Superior Court BLS as the venue, to get the specialist judges and faster docket. Without that language, the case sits in the general Superior Court civil docket and moves slower.
How long do I have to sue for breach of contract in Massachusetts?
Six years for written contracts under G.L. c. 260, section 2. Four years for sale-of-goods contracts under UCC section 2-725. Six years for many 93A claims (with a possible discovery rule). The contract can shorten these periods. Don't wait to call counsel; Massachusetts has a strict discovery-rule jurisprudence that doesn't always toll the clock.
Can my Boston business include a non-compete in a contractor agreement?
MNCA applies to employees, not independent contractors, but Massachusetts courts will look closely at whether the 'contractor' is actually an employee under the ABC test in M.G.L. c. 149, section 148B (Massachusetts has one of the country's strictest worker-classification tests). If your 'contractor' fails the ABC test, your non-compete is subject to MNCA. Get a Boston employment lawyer to review both the classification and the restrictive covenant.
Do these Boston firms offer free consultations?
Most do for new clients. Initial calls usually run 20-30 minutes and are used to scope the work and quote a fee. Use the form on this page and we'll route your request to the firm whose practice profile fits your matter best.