Bloomberg BNA Publishes 2012 Cumulative Supplement to “Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition”

Bloomberg BNA has published the 2012 Cumulative Supplement to Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition, offering updated guidance on the application of the employee duty of loyalty.

Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition is a meticulously researched reference detailing, by state, the recognition and understanding of this body of law, including prohibited and permitted conduct; litigation issues; and the availability of injunctive relief, damages, and defenses. The treatise provides analysis of conduct that breaches, and conduct that does not breach the employee duty of loyalty. Extensive discussions of state law, divided into categories of employees — from “mere employees” to “officers and directors” — show the reader how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization. This two-volume treatise also explores various other critical issues, including:

  • Has a cause of action for breach of the employee duty of loyalty been recognized?
  • What damages are available for breach of the employee duty of loyalty?
  • Is a claim for breach of the employee duty of loyalty preempted by the Uniform Trade Secrets Act?

The new 2012 Cumulative Supplement, current through December 2011, provides updates on and expands the discussion of:

  • Various types of conduct found to breach the duty of loyalty
  • Available defenses
  • Relief available for breaches

The treatise is published in cooperation with the Employment Rights and Responsibilities Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at 312.988.5813 or visit

Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition,with 2012 Cumulative Supplement is authored by Brian M. Malsberger, a Bloomberg BNA Senior Editor and author of Covenants Not to Compete: A State-by-State Survey, Eighth Edition; Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition. The Board of Review Associate Editors for this treatise are Stacey A. Campbell, a shareholder at Littler Mendelson P.C. in Denver, Colo.; David J. Carr, a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, Ind.; and Arnold H. Pedowitz, who practices plaintiff-side employment law in New York, N.Y.