Description
Main Volume Information
For an attorney tasked with preparing a restrictive covenant, sifting through the dizzying array of modern contract options for a solution can be both daunting and time consuming. Drafting and Enforcing Covenants Not to Compete allows users to focus directly on the drafting process and on particular substantive choices, language options, and supporting authority for alternative approaches. The chapters follow the contract drafting process and associated steps in enforcement and include a general analysis of how to identify applicable restrictive covenants, discussion of basic issues that must be addressed before serious drafting begins, analysis of the progression of an ordinary contract, and presentation of innovative approaches to contractual arrangements.
Supplement Information
The 2011 Supplement includes three new chapters on litigation strategy, discovery, and pleadings. In addition, it provides updates on risks of social media as regards trade secrets or the confidential status of lists of customers, vendors, or suppliers; staffing and consulting industries’ perspectives on restrictive covenants; the Department of Justice settlement over claims that mutual “no call” agreements to prevent employee solicitation could be per se antitrust violations; the ongoing struggle in California courts over the existence of a “trade secret exception” to the general rule against noncompete contracts; the use of contract language to help support a Computer Fraud and Abuse Act claim to address unauthorized downloading; and significant changes to the law in Georgia, Texas, and Wisconsin.
Specifications
Main Volume Information
2009/554 pp. Hardcover/Order #9911
Supplement Information
2011/Approx. 300 pp. Softcover/ISBN 978-1-57018-911/Order #1911
Authors
Main Volume Information
M. Scott McDonald and Jacqueline Johnson Lichty, Littler Mendelson P.C.
Supplement Information
M. Scott McDonald and Jacqueline Johnson Lichty, Littler Mendelson P.C.