BNA Books Announces the 2011 Supplement to “Covenants Not to Compete: A State-by-State Survey, Seventh Edition”

BNA Books, a division of specialized news and information publisher BNA, today announces the publication of the 2011 Supplement to Covenants Not to Compete: A State-by-State Survey, Seventh Edition, offering updated guidance on the statutory and common law limits of covenant enforceability. The treatise is one of the many ABA/BNA publications available from BNA Books. 

Covenants Not to Compete: A State-by-State Survey, Seventh Edition addresses questions of first impression interpreting new state statutes that limit the enforceability of covenants not to compete executed by employees in the broadcasting industries; contains expanded analysis of covenant-protectable interests in both actual and potential customer relationships; discusses the effect of abandonment of a particular line of business, as well as the effect of abandonment of customers; analyzes equitable restitution and conditions precedent to contract formation; and focuses on covenants in the health care professions. 

Covenants Not to Compete offers the latest information on critical subjects. Courts all across the United States have resolved a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete in the nation today. The all-new 2011 Supplement delves into further detail on these topics and includes: 

• Expanded discussion of restrictions involving physicians and other health care professionals
• Expanded discussion of judicial modifiability
• Expanded discussion of enforceable time, geographic, and activity limits 

This treatise also identifies and discusses issues with significant splits of authority across the states, including whether the mere leasing of property to a competitor violates the terms of a noncompete clause where the clause fails to include language specifically prohibiting such action. "Additional Topics" at the end of relevant chapters address hundreds of make-or-break issues, including: 

• Context characterization: service agreement versus employment context
• Effect of dissolution of employer
• Grace periods to cure breach not presumed
• Effect of individual capacity (entering into covenant in) 

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 www.americanbar.org/groups/labor_law.html. 

Covenants Not to Compete: A State-by-State Survey, Seventh Edition, 2011 Supplement is authored by Brian M. Malsberger, a BNA Books Senior Editor and author of Employee Duty of Loyalty: A State-by-State Survey, Fourth 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., Denver, CO; David J. Carr, a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, IN; and Arnold H. Pedowitz, who practices plaintiff-side employment law in New York, NY. 

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