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Covenants Not to Compete: A State-by-State Survey, Eighth Edition
By Brian M. Malsberger; David J.Carr, Arnold H. Pedowitz, and Eric Akira Tate, Board of Review Associate Editors; Committee on Employment Rights and Responsibilities, ABA Section of Labor and Employment Law
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.
Courts all across the United States have resolved a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete in the nation today.
Covenants Not to Compete: A State-by-State Survey discusses these decisions and identifies issues with significant splits of authority across the states, including whether the mere leasing of property to a competitor violates the terms of a noncompete clause where the clause fails to include language specifically prohibiting such action.
Additional Topics at the end of relevant chapters address hundreds of make-or-break issues, including:
- Context characterization: service agreement versus employment context
- Effect of dissolution of employer
- Grace periods to cure breach not presumed
- Effect of entering into covenant in individual capacity
This treatise also addresses questions of first impression concerning new state statutes that limit the enforceability of covenants not to compete executed by employees in the broadcasting industries, and contains expanded analysis of covenant-protectable interests in both actual and potential customer relationships. Other topics discussed in detail include effect of abandonment of a particular line of business, as well as the effect of abandonment of customers; judicial modifiability, restrictions involving physicians and other health care professionals; and much more.
The new Eighth Edition is an indispensable reference providing insight and guidance on covenant enforceability. Important updates include expanded discussions of:
- The temporal and geographic limits of enforceable covenants not to compete
- Assignability of noncompetition covenants
- Consideration required to support a covenant executed well after the commencement of employment
- Protectable interests
- Remedies available for covenant breach, including injunctive relief and damages
About the Authors & Editors
Brian M. Malsberger, a Bloomberg BNA Senior Editor, Arlington, VA, is the author of Covenants Not to Compete: A State-by-State Survey, Eighth Edition; Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition; Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition.
David J. Carr is a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, IN.
Arnold H. Pedowitz practices plaintiff-side employment law in New York, NY.
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.
2012/3 Volumes
Approx. 8,000 pp. Hardcover
ISBN 978-1-61746-043-2
Order #2043/$695.00
ERISA Class Exemptions, Fourth Edition
By Donald J. Myers and Michael B. Richman
This time-saving reference contains all of the class exemptions from ERISA’s prohibited transaction rules, along with the statutory exemptions. It includes class exemption grants, amendments, and proposals and covers such important developments as the amended QPAM Exemptions, new automatic rollover safe harbor, and proposed expanded relief for securities lending.
New in the Fourth Edition is a section at the end of each chapter containing the integrated, current text of non-superseded or revoked exemptions and amendments in an easy-to-read format, including all amendments and corrections since publication of the final prohibited transaction exemption (PTE). In addition, the treatise contains:
- Full text of each regulatory PTE—proposed, interim, and final versions—as well as of the statutory PTEs added by the Pension Protection Act of 2006
- Explanatory preambles from the Federal Register
- Corrections and amendments
- Discussion of court decisions
- Citations to individual (nonclass) exemptions
About the Authors
Donald J. Myers is a partner with Morgan, Lewis & Bockius LLP, Washington, DC, and former counsel for ERISA Regulation and Interpretation at the U.S. Department of Labor.
Michael B. Richman is counsel with Morgan, Lewis & Bockius LLP, Washington, DC.
2012/2,360 pp. Softcover
ISBN 978-1-57018-945-6
Order #1945/$380.00
Patents and the Federal Circuit, Tenth Edition, with 2012 Supplement
By Robert L. Harmon (deceased), Cynthia A. Homan , and Charles M. McMahon (Main Volume)
Cynthia A. Homan and Charles M. McMahon (2012 Supplement)
This treatise addresses ever-changing issues and developments in substantive patent law, infringement litigation, and procedure. The authors distill the opinions issued by the primary source of governing law on patents, providing convenient, one-source access to controlling case law.
The Tenth Edition covers important Federal Circuit decisions including the Federal Circuit’s developing reaction to the Supreme Court’s Bilski decision; decisions in i4i v. Microsoft, SEB v. Montgomery Ward, and Stanford v. Roche; continuing developments in the standards for injunctive relief following the Supreme Court’s eBay decision; the state of false patent marking litigation in the wake of the Federal Circuit’s Stauffer and Pequignot decisions; willful infringement after the Federal Circuit’s en banc decision in Seagate; and more.
The 2012 Supplement provides coverage of recent developments, such as the Supreme Court’s decision in Microsoft Corp. v. i4i Ltd. Partnership regarding the burden of proof in invalidity challenges; the Supreme Court’s decision in Global-Tech Appliances, Inc. v. SEB S.A. regarding the standard for proving inducement to infringe; the Federal Circuit’s en banc decision in Therasense, Inc. v. Becton Dickinson & Co. regarding the inequitable conduct standard; the Federal Circuit’s panel decisions on divided infringement and preparations for the en banc re-hearings of Akamai Tech., Inc. v. Limelight Networks, Inc. and McKesson Technologies Inc. v. Epic Systems Corp.; and the Federal Circuit’s decisions in Tokai Corp. v. Easton Enters, Inc., In re Kao, and Innovention Toys, LLC v. MGA Entm’t, Inc. regarding obviousness.
About the Authors
Robert L. Harmon (deceased) was a patent litigator who also served as a special master, arbitrator, and expert witness in patent infringement cases. He was with Brinks Hofer Gilson & Lione for 33 years.
Cynthia A. Homan is an attorney at Brinks Hofer Gilson & Lione, Chicago, IL, and writes briefs on substantive and procedural issues relating to all aspects of intellectual property law, with an emphasis on summary judgment and appeal briefs.
Charles M. McMahon is an attorney at Brinks Hofer Gilson & Lione, Chicago, IL, and counsels clients and litigates on their behalf in the areas of patent, trademark, copyright, and unfair competition law. He has represented domestic and multinational clients in federal courts and before the U.S. Patent and Trademark Office.
2011/1,708 pp. Hardcover
with 2012 Supplement
Order #9086P/$650.00
2012 Supplement alone:
ISBN 978-1-61746-086-9
Order #2086/$265.00
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