This Law Firm Publication by Fisher & Phillips LLP discusses the US Court of Appeals for the First Circuit's decision in Corporate Technologies, Inc. v. Harnett on August 23, 2013. In Corporate Technologies, the First Circuit rejected the defendants' request that the court adopt a bright line rule that a former employee cannot breach a non-solicitation agreement if the prior employer's customer initiates contact with him because that standard would allow employees to easily evade non-solicitation obligations. Courts will continue to consider who initiates contact between a customer and former employee as part of the fact-intensive analysis in Massachusetts restrictive covenant cases.