BOOK

Covenants Not to Compete: A State-by-State Survey, Tenth Edition

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.

MEET THE AUTHORS
Luke A. Suchyta
Chief Contributing Editor
David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor

DESCRIPTION

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. 

 


AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Brian M. Malsberger, a Bloomberg BNA Senior Editor, Arlington, Va., is the author of  Covenants Not to Compete: A State-by-State Survey, Ninth Edition 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.

Luke A. Suchyta, a Bloomberg BNA Legal Editor, Arlington, VA, is the Chief Contributing Editor of Trade Secrets: A State-by-State Survey, Fifth Edition.

David J. Carr  is a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, Ind.

Arnold H. Pedowitz practices plaintiff-side employment law in New York, N.Y.

Eric Akira Tate is a partner at Morrison & Foerster LLP, San Francisco, Calif., and serves as co-chair of the firm’s Employment and Labor Practice Group.  

Committee on Employment Rights and ResponsibilitiesABA Section of Labor & Employment Law

 


CONTENTS

View full tables of contents, preface or list of contributors.