Seyfarth Shaw’s Dawn Mertineit Named 2025 Massachusetts Lawyer of the Year

Dawn Mertineit, co-chair of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group, has been recognized as a 2025 “Lawyer of the Year” by Massachusetts Lawyers Weekly. The honor acknowledges Mertineit’s successful advocacy in Massachusetts courts, particularly in restrictive covenant cases.

Landmark Ruling in Miele v. Foundation Medicine

Mertineit’s work on Miele v. Foundation Medicine, Inc. was central to the recognition. She successfully argued before the Massachusetts Supreme Judicial Court (SJC) that non-solicitation agreements, even those with forfeiture clauses, are not subject to the Massachusetts Noncompetition Agreement Act. This decision reversed a prior ruling by the Suffolk Superior Court and provides clarity for employers across the state regarding the enforceability of these agreements.

Case Background

The case, Miele v. Foundation Medicine, Inc. (SJC-13697), involved Susan Miele, hired by Foundation Medicine, Inc. (FMI) in 2017, who signed a restrictive covenant agreement including a non-solicitation clause. The central legal question was whether the Massachusetts Noncompetition Agreement Act applied when FMI sought to enforce the non-solicitation clause and potentially withhold payments due to Miele under a termination agreement. Justia Law provides further details on the case.

Oral Argument and Appellate Win

Mertineit described the challenge of presenting a complex case concisely to the SJC justices, emphasizing the importance of thorough preparation by her team and the clarity of the relevant statutory language. Katherine E. Perrelli and Dallin Rex Wilson too served as counsel for the appellant, Foundation Medicine, Inc. Suffolk University Law School archives video of the March 3, 2025 oral arguments.

Implications for Employers

The SJC’s decision in Miele v. Foundation Medicine clarifies that non-solicitation agreements in Massachusetts remain enforceable even when linked to forfeiture provisions, offering greater certainty for employers seeking to protect their business interests. Fair Competition Law provides access to the appellant brief filed in the case.