BOOK

Covenants Not to Compete: A State-by-State Survey, Eleventh Edition

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.

Price: $725.00 Main Volume

MEET THE AUTHORS
book-image
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.

Representative cutting-edge questions considered in the Eleventh Edition include:  how an overly broad confidentiality agreement has been treated as a noncompetition covenant; the anticipatory repudiation of covenants; the impact of a state statute prohibiting noncompetes for technology employees; the adequacy of continued employment as consideration for execution of an afterthought covenant; 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; 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.


SUMMARY OF CONTENTS

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
  • Choice of Law Rules

 


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.

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. 


CONTENTS

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

REVIEWS

Read what others have to say about this Bloomberg BNA book.

"We use your treatises just about every day in our department (Covenants Not to Compete, Duty of Loyalty, etc.) Thanks for publishing such a quality product."

Robert Driscoll

Attorney, Reinhart Boerner Van Deuren S.C., Milwaukee WI


“Covenants Not to Compete: A State-by-State Survey is an excellent resource for this complex and growing area. I think it is essential for the restrictive covenant practitioner.”

Clifford R. Atlas

Partner, Jackson Lewis, New York, NY


“The leading (and exhaustive) compilation.”

Mathew W. Finkin

Albert J. Harno Professor of Law, University of Illinois


“I am a huge fan of your restrictive covenant and trade secret books. They are well-worn resources in my legal library.”

Eric Meyer

Partner, Dilworth Paxson LLP


"This resource provides exhaustive coverage of state statutory and case law on every aspect of these non-compete agreements as an aid to understanding the limits of the enforceability of restrictive covenants, and as a tool for attorneys in the drafting and counseling process. [It] is an essential resource for any attorney representing clients in covenants-not-to-compete issues.  A particularly valuable resource for the attorney with clients having multi-state operations.”

Kendall F. Svengalis

Legal Information Buyer's Guide and Reference Manual