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.
Price: $725.00 Main Volume
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.
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 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.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)