What C-Suite Executives Should Know About Non-Compete Agreements

 

August 2025 edition

We are now well into summer. Hopefully, you and your family are taking some time to enjoy all of your favorite summer time activities. Whether you most enjoy cookouts, picnics, clambakes, time at the beach and seashore, or the lakes, swimming, sailing, biking, walking, hiking or out at the golf links, attending concerts, I hope you are getting out to enjoy summer weather.

Perhaps too, you’ve been able to spend one or more evenings taking in a ballgame live at Fenway Park or even seeing the AAA WooSox at cozy Polar Park on Worcester (as I did recently the WooSox lost, but great post-game fireworks!). In any case, I very much hope you and yours are enjoying summer fun.

Just a bit more on the parent ballclub back in Boston. I had the pleasure of seeing two of the Red Sox victories in the club’s July ten-game winning streak. This included seeing, with Don Goldberg, the Sox wild 5–4 win over the Rays that ended with Ceddanne Rafaela’s two-run, walk-off home run in the 9th inning. https://www.youtube.com/watch?v=cqVoiNrD4f4 That homer soared way over our heads in LF, a rocket way over the Green Monster. That fabulous game ending very much reminded me of Manny Ramirez’s walkoff homer over the Angels in the 2007 ALDS, a great ballgame that I attended with Howard Levine. https://www.youtube.com/watch?v=M3Jyvo5ubhc So far the Sox have continued to win since the All Star Break and have continued to hold down a wild card spot in the standings. Thus, for the first time in a while, the Red Sox were “buyers” at the recent MLB trade deadline. It was at first disappointing the Sox did not do more before the July 31st trading deadline, especially compared to the major moves made by other contending teams (some on WEEI graded GM Craig Breslow’s pickups of two pitchers as a combined C- ). But Breslow did not want to trade Jarren Duran or Trevor Story or another key contributor that might harm winning chemistry. That strategy seems to have paid off so far, as the Sox keep on winning. As part of the team’s weekend sweep of the AL West leading Astros, this past Friday night, with bro Steve Adelson, we saw yet another BoSox walk off win. With the Sox again wearing their “walkoff greens”, uber rookie Roman Anthony delivered a walkoff hit for a 10th inning won over Houston before the largest crowd of the 2025 season, thus far, , 36,811 packed into Fenway Park. https://www.sportsnet.ca/mlb/video/red-soxs-anthony-belts-single-to-deep-centre-for-first-career-walk-off-hit/ plus “Love that dirty water” Boston victory song https://www.youtube.com/watch?v=e0SFuSikmw4 So, you can be sure I am looking forward to attending more Sox games this August and September…and maybe more beyond Gosh, it sure would be fun to again see October baseball return to the Fens. We shall see.

As for Newsletter items, two weeks ago, IVYEXEC, the career advancement website, published my article (and this newsletter provides a link to this article) on important things for C-level and senior executives to know about non-compete covenants. This newsletter also has links, in items #3 and #4, to two other earlier published articles of mine. The first article published in CEOWORLD magazine, discusses benefits, but also potential risks, of Board of Director service by C-level and senior executives. The other article published in IVYEXEC offers tips, structures and strategies in negotiations over various types of executive bonus compensation. There is also a special offer as item #5. I hope some of these items might be of benefit… and my best wishes to all for the rest of August!

1. What Every C-Level Executive Should Know About Non-Competes

Are you a CEO or other senior executive being asked to sign a non-compete or non-solicitation agreement or an NDA in connection with a new position? My article offers tells you important things you should know while offering you insights and techniques to surmount the perils such agreements could pose to your career. Read the Article Here

2. Work with CEOs, C-Suite and Senior Executives, exclusively.

Robert Adelson is an attorney specialized in the representation of CEOs, C-level and senior executives. He no longer represents companies or employers. Learn about Robert Adelson’s work with CEOs, C-level and senior executives to advise on and improve job offers, employment contracts, stock, RSUs, options, bonuses and other executive compensation matters, plus advice and aid on issues of wrongful termination, severance, exit terms, retention, change of control, other executive issues and more … More Details Here

3. Executive Service on Corporate Boards of Directors

Are you a CEO or other senior executive who has been offered the opportunity to serve on corporate Boards of Directors in your own company and another company? My article published by CEOWORLD magazine in 2019 but still relevant today, advises on benefits, compensation, potential liabilities and needed protections to put in place for Board service. Read the Article Here

4. Structuring Bonuses for Maximum Benefit in Executive Compensation

Are you negotiating or “re-visiting” your executive compensation package in your job offer or employment contract? My article published in December 2024 by IVYEXEC career advancement website, suggests the right mix and tips on the structuring of signup, guaranteed and performance bonuses based on your performance and that of the company, plus key terms in bonus determination and payout.. Read the Article Here

5. 8/2025 Offer: Good until August 29th

This 3-plus-week value-packed offer, is as a way to get introduced to my law work: : an Executive Compensation Law Diagnostic — this offer is good through 8/29/25. More Details Here

It’s always a pleasure to get back in touch with you and other clients, friends, and colleagues. I hope the links and information provided will be useful to you and that there will be an opportunity for me to work with you on legal matters in the near future.

Let’s keep in touch!

Best regards,

Rob

Robert Adelson, Executive Employment Attorney

*Adelson & Associates, LLC
101 Federal Street, 19th Floor Boston, MA 02110

(617) 204–5601 Law Firm
(617) 204–5602 Direct
(617) 204–5604 Fax
Email : rob@attorneyadelson.com
Website: www.executiveemploymentattorney.com
LinkedIn: https://www.linkedin.com/in/robert-adelson-b8a1557/
Blog: https://robadelson.wordpress.com/
X: @AttorneyAdelson

Note on Adelson & Associates, LLC: * Robert A. Adelson is the Principal of Adelson & Associates, LLC. For fifteen (15) years, from October 2004 through December 2019, Robert Adelson practiced law and referred legal work to associates of his, trusted and experienced colleagues, as a partner of Engel & Schultz, LLP. In December 2019, the lead partners of the firm announced they would go into semi-retirement, go their separate ways, and the office lease would expire in January 2020. In response, Robert Adelson formed Adelson & Associates, LLC in December 2019 and commenced the new firm’s operations on January 1, 2020, with the new firm taking over, on that date and going forward, all current Robert Adelson clients, matters and operations, as well as all referral of legal work to associates of Robert Adelson. Since 1/1/2020, the firm’s offices have been and remain at 101 Federal Street, 19th Floor, across the street from the pre-2020 offices at One Federal Street, 21st Floor, in Boston’s Financial District.

Non Compete Agreements

Restrictive Covenants

New Massachusetts Law Restricts Non-Compete Agreements

This is an article of mine published last week in the September 2018 issue of the IEEE Reflector, the online monthly newspaper, that circulates to the 10,000 members of IEEE in Massachusetts.  www.ieee.org  My article is featured on page 5 of the current September 2018 issue.

This new law signed by Governor Baker in August goes into effect October 1, 2018 and sets limits to enforceability of non-compete agreements that employers may enter into with exempt employees and contractors, provided those employees leave their positions voluntarily or are terminated for cause.  In those cases, to be enforceable, such non-compete agreements must meet the following standards:

• Not exceed one year in duration after employment termination
• Provide the employee some consideration which at a minimum is either “garden pay” or other mutually agreed upon consideration
• Be reasonable in scope of prohibited activities and geographic coverage
• Be included at the time of job offer or 10 days prior to employment whichever occurs earlier.

The new law will also not affect non-competes that are part of the sale of a business or non-competes that are part of separation agreements negotiated at the time of employment termination.   Additionally, the new law expressly excludes application to any restrictions on these other restrictive covenants whose enforcement will be continue to be governed by Massachusetts state common law:

• Non-solicitation of customers and suppliers
• Non-solicitation of employees
• Assignment of inventions
• Confidentiality/ non-disclosure agreements

To read my full Reflector article, go to this LINK:  https://issuu.com/ieeeboston/docs/septemberdr2018?e=18904825/64145987 and view it on page 5.
Or view the article on my website at https://www.executiveemploymentattorney.com/new-massachusetts-law-restricts-non-compete-agreements/

​If you have any questions on this article, or questions in dealing with a non-compete agreement for yourself or a colleague, please email me at rob@attorneyadelson.com.

Pitfalls of and Techniques to Surmount Non-Compete Agreements for Executives

Last Thursday, on August 10, 2017, CEOWorld magazine published an article I wrote on “Pitfalls of and Techniques to Surmount Non-Compete Agreements for Executives.” This article was designed for CEOs, C-suite executives and other senior executives who are asked to sign non-compete agreements with their company.  My article deals with both the coverage and pitfalls of non-competes but also offers key techniques for the CEO and senior executives to surmount non-competes and protect your career.

Techniques used in the past and offered to the reader include negotiation of the following

• Fully “Paid up” non-compete to make the Executive whole,
• Planning to navigate around the shoals of the non-compete terms,
• Use of an indemnity from the new employer.

My article also discusses key terms for the executive to negotiate in covenants for non-solicitation of customers and clients, non-solicitation of employee and contractors, confidentiality and NDA agreements, and assignment of inventions.

To see my full CEOWorld magazine article, go to http://ceoworld.biz/2017/08/10/pitfalls-of-and-techniques-to-surmount-non-compete-agreements-for-executives/
or my website at http://www.executiveemploymentattorney.com/articles-section/pitfalls-surmount-executive-non-compete-agreement/

With more than 12.4+ million page views, CEOWORLD magazine is the world’s leading business magazine written strictly for CEOs, CFOs, CIOs, senior management executives, business leaders, and high net worth individuals worldwide.

It is my hope that this article will be helpful to senior executives who are navigating the shoals of non-compete, non-solicitation agreements and going into a new position or change of control.  If you or any colleague of yours has a need in this area, please do reach out to me at 617-875-8665 or email radelson@engelschultz.com.

Massachusetts Non-Compete Agreements: Enforceable despite recent State Legislative Activity

47 of the 50 states in the USA have some level of enforcement for non-compete agreements. Non-compete agreements are those agreements that give companies the right to sue a former employee who starts a new company or joins a competing business.