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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.
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 the court.
Now updated in its Tenth Edition, Covenants Not to Compete provides an overview of settled law but also identifies questions of first impression and discusses issues with significant splits of authority across states.
Cutting-edge questions considered in the Tenth Edition include: a state statute requiring courts to reform noncompetition covenants that are overbroad as written; whether more than “sporadic” communication between employees and customers is required for there to be a legitimate protectable interest in goodwill; whether a termination letter clearly indicating an intent to enforce a noncompetition covenant constitutes a threat of future litigation sufficient to create an actual controversy for purposes of a declaratory judgment claim; whether nonrecruitment agreements are enforceable; the assignability of covenants not to compete; whether a “term of years” employment agreement is really an unenforceable restrictive covenant; whether a contractual stipulation as to irreparable harm establishes that element for purposes of injunctive relief; whether irreparable harm acknowledgement clauses are enforceable; the viability of pre-employment noncompete agreements; and whether tortious interference with a preexisting noncompetition covenant can be successfully alleged against a subsequent employer that had no knowledge of the covenant prior to hiring the employee.
Summary of Contents
Each State Chapter Addresses: State 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 an Employer May Recover, Liquidated Damages Clauses, Choice of Law Rules, References to Law Review Articles/Other Publications, and Illustrative Cases.
The treatise also contains a comprehensive review of the law on such topics as: Ambiguity, Anticipatory Repudiation, Arbitration, Assignment, At-Will Employees, Attorney’s Fees, Bankruptcy, Change in Employee’s Work Territory, Corporate Practice of Medicine Doctrine, Effect of Employer’s Breach, Extension-of-Time Provisions, Independent Contractors, Inevitable Disclosure Doctrine, Malpractice, Physicians, Prospective Versus Actual Customers, Selective Enforcement, Statute of Frauds, Statute of Limitations, and Termination for Refusal to Sign. The treatise also includes a highly detailed Table of Cases and six information-rich indexes of occupations, industries, and transactions at issue.
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