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Covenants Not to Compete: A State-by-State Survey, Ninth Edition, and 2014 Supplement

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Get detailed guidance on the statutory and common law limits of covenant enforceability

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.

Courts all across the United States have resolved a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete in the nation today. Covenants Not to Compete: A State-by-State Survey discusses these decisions and 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: service agreement versus employment context
  • Effect of dissolution of employer
  • Grace periods to cure breach not presumed
  • Effect of entering into covenant in individual capacity

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. Other topics discussed in detail include effect of abandonment of a particular line of business, as well as the effect of abandonment of customers; judicial modifiability, restrictions involving physicians and other health care professionals; and much more.

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
  • Remedies available for covenant breach, including injunctive relief and damages

    Supplement Information  

    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.

About the 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 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.

Board of Review Associate Editors
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 Responsibilities, ABA Section of Labor & Employment Law