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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.
Covenants Not to Compete identifies 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: distributorship versus sale of business; effect of giving up competing business; grace periods to cure breach not presumed; and effect of reemployment by same employer.
This treatise also addresses questions of first impression concerning new state statutes that limit the enforceability of covenants not to compete executed by employees in the broadcasting industries, and contains expanded analysis of covenant-protectable interests in both actual and potential customer relationships. The Ninth Edition is an indispensable reference providing insight and guidance on covenant enforceability. Important updates include expanded discussions of temporal and geographic limits of enforceable covenants not to compete; assignability of noncompetition covenants; consideration required to support a covenant executed well after the commencement of employment; protectable interests; and remedies available for covenant breach, including injunctive relief and damages.
The 2014 Supplement contains expanded discussion of the temporal and geographic limits of enforceable covenants not to compete and the ability of courts to modify covenants that are overbroad as written.
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