Seder & Chandler Attorney Ryan P. Avery, a member of the firm’s Labor & Employment and Litigation Practice Groups, was recently quoted in Massachusetts Lawyers Weekly in coverage of a significant Chapter 93A decision involving the alleged “poaching” of a medical device company’s sales force.

In the case, a federal judge doubled a $15 million jury award to $30 million, finding the defendants had engaged in unfair trade practices under Massachusetts General Laws Chapter 93A. The ruling is viewed as one of the more expansive applications of 93A liability against individual employees.

Attorney Avery noted the decision is consistent with the Massachusetts Supreme Judicial Court’s precedent in Governo Law Firm v. Bergeron, stating:

“Employees are going to be subject to harsher penalties when they undertake intentional torts that profit themselves or their new employers or businesses.”

Avery explained that the decision reflects a trend in Massachusetts courts to hold employees more accountable when their actions extend beyond internal disputes and impact the competitive marketplace.

The case serves as a reminder to employers and employees alike of the significant risks associated with unfair competition and restrictive covenant disputes.

Read the full article: Massachusetts Lawyers Weekly