This treatise helps practitioners analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts.
Prices reflect ABA Labor & Employment Law Section member discount.
Price: $543.75 Main Volume
This respected and authoritative three volume treatise delivers the information practitioners need to analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts.
Comprehensive in scope, yet easy to use, Covenants Not to Compete provides fingertip access to critical information, whether the user is searching by state, by topic, by questions of first impression, or by issues that have been specifically identified as unresolved by courts. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.
Cutting-edge questions considered in the Tenth Edition include: assignability; the impact of a statute requiring courts to reform overbroad noncompetition covenants; whether more than “sporadic” communication between employees and customers is required for there to be a protectable interest in goodwill; nonrecruitment agreements; whether a “term of years” employment agreement is really an unenforceable restrictive covenant; contractual stipulations as to irreparable harm; irreparable harm acknowledgment clauses; pre-employment noncompete agreements; and whether an employer with no knowledge of a noncompetition covenant can be subject to a tortious interference claim.
Each state chapter addresses: statutes governing enforceability, employer's protectable interests, proof of existence of a covenant, consideration issues, courts' power to modify the covenant, obtaining a preliminary injunction, establishing irreparable harm, standard of review on appeal, enforceability after firing, period of injunction, damages available, liquidated damages clauses, and choice of law rules.
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