BOOK

Covenants Not to Compete: A State-by-State Survey, Tenth Edition, with 2016 Supplement

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.

MEET THE AUTHORS
book-image
Luke A. Suchyta
Chief Contributing Editor
David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor

DESCRIPTION

 

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. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states. 

Cutting-edge questions considered in the Tenth Edition include: assignability; the impact of a statute requiring courts to reform overbroad noncompetition covenants; whether more than “sporadic” communication between employees and customers is required for there to be a protectable interest in goodwill; nonrecruitment agreements; whether a “term of years” employment agreement is really an unenforceable restrictive covenant; contractual stipulations as to irreparable harm; irreparable harm acknowledgment clauses; pre-employment noncompete agreements; and whether an employer with no knowledge of a noncompetition covenant can be subject to a tortious interference claim

 


Each state chapter addresses: 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 available, liquidated damages clauses, and choice of law rules.


Supplement Information

Representative updates covered in the 2016 Supplement include:
  • How an overly broad confidentiality covenant may be treated as a noncompetition covenant under Arizona law
  • The anticipatory repudiation of covenants under California law
  • The statutorily permitted scope of new, amended, or renewed noncompetes that may be executed by Connecticut physicians
  • The impact of a new Hawaii statute prohibiting noncompetes for any employee of a technology business
  • The adequacy of continued employment as consideration for execution of an afterthought covenant under Illinois law

 


AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Luke A. Suchyta, a Bloomberg BNA Legal Editor, Arlington, VA, is the Chief Contributing Editor of Trade Secrets: A State-by-State Survey.

David J. Carr is a partner in the Labor and Employment Law Group of Ice Miller LLP, Indianapolis, IN.

Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law.

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. 

 

Committee on Employment Rights and ResponsibilitiesABA Section of Labor & Employment Law

 


CONTENTS

View full tables of contents and read the book’s preface or about the author.