Employee Duty of Loyalty: A State-by-State Survey, Fifth Edition

Special ABA Section member price


Main Volume Information

Easy access to explanations of causes of action, procedural issues, leading cases, and emerging trends for all 50 states and the District of Columbia

Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, Employee Duty of Loyalty: A State-by-State Survey, Fifth Edition is a meticulously researched, completely up-to-date reference detailing, by state, the recognition and understanding of this body of law, including prohibited and permitted conduct; litigation issues; and the availability of injunctive relief, damages and defenses.  

Unique among titles on the subject, the Fifth Edition provides up-to-date analysis, by state, of conduct that breaches and conduct that does not breach the employee duty of loyalty. Extensive discussions of state law, broken out by category of employee—from “mere employees” to “officers and directors”—show the reader how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization. This two-volume treatise also explores various other critical issues, including:

  • Whether a cause of action for breach of the employee duty of loyalty has been recognized
  • What damages are available for breach of the employee duty of loyalty
  • Commentators’ reactions to the formulation of the employee duty of loyalty in the Restatement of Employment Law
  • Whether a claim for breach of the employee duty of loyalty is preempted by the Uniform Trade Secrets Act

Employee Duty of Loyalty: A State-by-State Survey, Fifth Edition includes finding lists and detailed chapter contents, appendices containing relevant Restatement excerpts, extensive quotations from court cases and cross-references to other titles in the State-by-State Survey Series. This excellent, easy-to-scan, question-and-answer reference is the premier resource available on how each state addresses the employee duty of loyalty.


Supplement Information  

 The 2014 Supplement contains expanded discussion of the interests protected by the employee duty of loyalty and the types of conduct that breach the duty.


Main Volume Information

2013/2 Volumes/Approx. 3,500 pp. Hardcover/ABAWEB2289

Supplement Information

2014/ Supplement Only/Approx. 400 pp. Softcover/ABAWEB2469


Main Volume Information

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, Fifth Edition ; Tortious Interference inthe Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition.

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 and Employment Law