BOOK

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

Special ABA Section member price

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.

MEET THE AUTHORS
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. 

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. 


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 , AUTHOR
Brian M. Malsberger, a Bloomberg BNA Senior Editor, Arlington, Va., is the author of Covenants Not to Compete: A State-by-State Survey, Ninth EditionEmployee Duty of Loyalty: A State-by-State Survey, Fourth EditionTortious Interference in the Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition.

DAVID J. CARR , BOARD OF REVIEW ASSOCIATE EDITOR
David J. Carr is a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, Ind.

ARNOLD H. PEDOWITZ , BOARD OF REVIEW ASSOCIATE EDITOR

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

 


ERIC AKIRA TATE , BOARD OF REVIEW ASSOCIATE EDITOR

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 and read the book’s preface or introduction.