Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / memo-ma-noncompete-act-compliance.docx
memo-ma-noncompete-act-compliance.docx
Parties
Arbor Health Technologies Inc
Harkness LLP
Rowe LLP
Dunkin' Donuts Inc
Dates
July 25, 2022
October 1, 2018
August 5, 2022
July 13, 2022
November 1, 2022
July 18, 2022
August 10, 2018
August 22, 2022
Amounts
$575,000
$250,000
$1,200,000
$287,500
$143,750
$50
$305,000
$610,000
Obligations
Specifically, the proposed 18-month post-termination non-compete period must be reduced to 12 months
These covenants must, however, be independently enforceable under Massachusetts common law, which imposes its own reasonableness requirements
However, the agreement must address the termination-without-cause prohibition at the enforcement level through appropriate drafting
However, it is generally understood that nominal or illusory consideration would be insufficient, and that the consideration must have genuine economic value to the employee
Interaction with Severance: A critical drafting point is that the garden-leave payment obligation must be independent of and in addition to any severance amounts owed to the Executive under the Employment Agreement
The proposed 18-month duration must be reduced to 12 months in order to comply with the MNAA