Employee Duty of Loyalty: A State-by-State Survey, Sixth Edition, with 2017 Supplement

This treatise provides state-by-state analysis of conduct that breaches the employee duty of loyalty. In question-and-answer format, it includes discussions of state law broken out by category of employee—from “mere employees” to “officers and directors.” It includes Finding Lists, detailed chapter contents, appendices containing relevant Restatement excerpts, quotations from the case law, and more.


Meet The Authors

David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor


Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, this meticulously researched treatise reviews the duty on a state-by-state basis, including analysis of prohibited and permitted conduct, litigation issues, defenses, damages, and the availability of injunctive relief.

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. 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.

Employee Duty of Loyalty: A State-by-State Survey includes Finding Lists and detailed chapter contents, appendices containing relevant Restatement excerpts, extensive quotations from the case law, and cross-references to other titles in the Bloomberg BNA State-by-State Survey Series. This question-and-answer reference is the premier resource available on how each state addresses the employee duty of loyalty.


Each State Chapter Addresses:

  • How the State Defines Protectable Interests of Employers
  • Procedural Issues
  • Duty of Employee to Disclose Information, Corporate Opportunities, or Conflicts of Interest to Employer
  • Prohibition Against Solicitation of the Employer’s Customers, Accounts, or Employees
  • Limitations on Competition by Employee During and After Employment
  • Prohibition Against Use of Employer’s Proprietary Information
  • Prohibition Against Taking Kickbacks and Bribes
  • Remedies
  • Injunctive Relief
  • Employee Defenses
  • Distinctions Among Categories of Employees
  • Illustrative Cases
  • Law Review Articles/Other Publications 


The 2017 Supplement updates the treatise with coverage through December 31, 2016, with analysis of issues including:

  • Whether the Arizona common law duty owed by officers and directors coexists with statutory law
  • Whether postemployment conduct can support a claim for reach of an agent’s fiduciary duty under District of Columbia law
  • Preemption by the Illinois trade secret statute
  • Whether a claim for breach of the duty under Maryland law requires a finding that customer contact was initiated by the employee


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 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.



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


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 CompeteEmployee Duty of Loyalty, etc.) Thanks for publishing such a quality product."

Robert Driscoll

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

“This two-volume reference provides a detailed examination of the manner in which state courts have applied the employee duty of loyalty. [A]n essential resource for any attorney representing clients in breach of employee loyalty cases.”

Kendall F. Svengalis

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