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Drafting and Enforcing Covenants Not to Compete, with 2012 Cumulative Supplement

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Main Volume Information

Drafting and Enforcing Covenants Not to Compete provides detailed guidance on confidentiality and nondisclosure agreements, invention and copyright assignments, computer use limitations, garden leave, forfeitures and clawbacks, nonsolicitation covenants, trade secret enforcement, and many other options in addition to in-depth coverage of covenants not to compete.

The treatise presents users with a wide variety of contractual options and enforcement strategies with a highly practical approach that begins by focusing on the drafting process and on particular substantive choices, language options, and supporting authority for alternative approaches, and then moves on to the enforcement stage by providing a useful checklist of enforcement issues to consider from both the prosecution and defense perspectives.


Supplement Information

The 2012 Cumulative Supplement includes:

  • A new chapter on State Specific Drafting & Enforcement Concerns that helps identify states with truly unusual requirements regarding restrictive covenants, and how to address those requirements
  • Analysis of how the National Labor Relations Board’s evolving position on employer-imposed confidentiality and social media restrictions requires changes to many commonly used confidentiality and nondisclosure agreements as well as other covenants
  • Suggestions on how to adjust contract provisions and enforcement efforts in light of new state law developments in New Hampshire, Georgia, and elsewhere

Main Volume Information

2009/554 pp. Hardcover/Order #9048P 
Supplement Information

2012/236 pp. Softcover/ISBN 978-1-61746-048-7/Order #2048

Main Volume Information

About the Authors

M. Scott McDonald is office managing shareholder who serves on the board of directors at Littler Mendelson P.C. in Dallas, TX.

and Jacqueline Johnson Lichty is a shareholder at Littler Mendelson P.C. in Dallas, TX.


Supplement Information

M. Scott McDonald and Jacqueline Johnson Lichty, Littler Mendelson P.C.