Description
Get detailed guidance on the statutory and common law limits of covenant enforceability
Main Volume Information
This respected and authoritative three-volume treatise delivers the information you need to analyze, draft, and litigate with confidence all covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts. The Seventh Edition of Covenants Not to Compete: A State-by-State Survey 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
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)
Supplement Information
The all-new 2011 Supplement discusses in further detail such important covenants topics as:
- Restrictions involving physicians and other health careprofessionals
- Judicial modifiability
- Enforceable time, geographic, and activity limits
Specifications
Main Volume Information
2010/3 Volumes/7,024 pp. Hardcover/Order #9962
Supplement Information
2011 /Softcover/ISBN 9781570189623/Order #1962
Author(s)
Main Volume Information
Brian M. Malsberger, Author; Stacey A. Campbell, David J. Carr, and Arnold H. Pedowitz, Board of Review Associate Editors; Committee on Employment Rights and Responsibilities, ABA Section of Labor & Employment Law
Supplement Information
Brian M. Malsberger, Author; Stacey A. Campbell, David J. Carr, and Arnold H. Pedowitz, Board of Review Associate Editors; Committee on Employment Rights and Responsibilities, ABA Section of Labor & Employment Law