Morgan, Brown & Joy Partner Catherine Scott Files Amicus Brief in Support of MassDLA’s Position in Miele v. Foundation Medicine, Inc.
Morgan, Brown & Joy partner Catherine (Cat) Scott filed an amicus brief on behalf of the Massachusetts Defense Lawyers Association (MassDLA) in connection with Miele v. Foundation Medicine, Inc., a case addressing whether forfeiture clauses tied to non-solicitation agreements are definitively excluded from the jurisdiction of the Massachusetts Noncompetition Agreement Act (“the Act”).
In the matter at hand, Foundation Medicine claimed that former employee Susan Miele had violated a non-solicitation agreement and a separation agreement. Subsequently, Foundation Medicine stopped severance payments and demanded repayment pursuant to a forfeiture clause in the separation agreement. Ms. Miele sued, arguing that the forfeiture clause was in violation of the Act, and therefore unenforceable.
On Friday, June 13, 2025, the Massachusetts Supreme Judicial Court reversed a lower court’s ruling and held that forfeiture clauses tied to non-solicitation agreements were definitively excluded from the jurisdiction of the Act. Though this was long the understanding of many attorneys in the Commonwealth, this decision confirms that such clauses, and more broadly, non-solicitation agreements themselves, are not governed by the Act. The Act put strict limitations on the use of noncompete agreements in the Commonwealth in 2018 when it was enacted.
Scott, on behalf of MassDLA, filed an amicus brief with the SJC arguing in favor of the plaintiff. The MassDLA argued that Foundation Medicine egregiously misinterpreted the Act, and that adopting the position of the defendant would cast a much wider net over a host of agreements that were never intended by the Legislature to be included in the restrictions of the statute.
Scott is a litigator and labor and employment lawyer defending and advising employers. She helps companies navigate workplace allegations such as employment discrimination, retaliation, wrongful discharge, violations of the Family and Medical Leave Act, breach of contract, and wage and hour class actions, among others. In addition to appearing in federal and state courts, she appears before government agencies including the EEOC, MCAD, and Department of Labor.
The MassDLA is a voluntary association of trial lawyers who defend corporations, individuals, and insurance companies in civil lawsuits. The purpose of the MassDLA is to improve the administration of justice, legal education, and professional standards and to promote collegiality and civility among all members of the bar.
About Morgan, Brown & Joy, LLP
For over 100 years, Morgan, Brown & Joy has been among the largest management-side labor and employment law firms in New England, representing a wide range of Fortune 100 corporations, educational and health care institutions and small businesses across all sectors of the economy. The firm’s attorneys are known for anticipating and finding solutions to the ever-expanding range of employment-related legal issues in order to avoid the time and cost of litigation. When litigation becomes necessary, the firm aggressively defends its clients and has a proven record of success.