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.

Price: $543.75 Main Volume

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


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 courts. 

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.


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 topics including: 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.

Reference Tools: All of the information contained in this one-of-a-kind work is made easily accessible through a variety of reference tools, including a highly detailed Table of Cases, Finding Lists of developments and questions by state, and multiple information-rich Indexes of occupations, industries, and transactions at issue. 




Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

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

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

Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law.

Eric Akira Tate is a partner at Morrison & Foerster LLP, San Francisco, CA, 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



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