Unfair Competition and Intellectual Property Protection in Employment Law: Contract Solutions and Litigation Guide

This treatise comprehensively addresses employers’ key concerns and their full range of potential protections against unfair competition and intellectual property theft. It covers all contractual options and litigation alternatives. The treatise includes contract drafting advice, practical implementation and litigation avoidance advice (with checklists), litigation advice and tactics, and much more.

Price: $515 Book



Employees are one of the most important assets in the success of almost any business, but they can also be a source of some of the most damaging unfair competition and intellectual property loss a company experiences. Unfair Competition and Intellectual Property Protection in Employment Law: Contract Solutions and Litigation Guide provides a one-volume, easy to use reference for the attorney tasked with providing contract and policy advice, and for trial attorneys litigating unfair competition cases.

The most comprehensive resource available on the subject, this title covers the law across the full scope of unfair competition. It provides contract drafting advice, with examples for over a dozen different types of contracts; practical implementation and litigation avoidance advice; and litigation advice and tactics. It also covers protection concepts; basic law, policy, and contract options; hiring safely from a competitor; sale of the business; mergers and acquisitions; causes of action; unique evidence issues; and trial considerations.

Helpful checklists cover subjects like "How to Hire Safely From a Competitor" and "Key Contract Enforcement Assessment Questions."


Part I - Preliminary Considerations

  • Ch. 1 - Protection Concepts: An Introduction to Basic Law & Policy
  • Ch. 2 - Guidelines for Hiring Safely From a Competitor
  • Ch. 3 - Risk Assessment and General Considerations
  • Ch. 4 - Protectable Interests
  • Ch. 5 - Type of Relationship
  • Ch. 6 - Special Drafting and Enforcement Consideration by State

Part II - Contract Solutions

  • Ch. 7 - Trade Secrets: Confidentiality and Nondisclosure Agreements
  • Ch. 8 - Invention Assignment and Other Intellectual Property Protection Provisions
  • Ch. 9 - The Traditional Noncompete Agreement
  • Ch. 10 - Customer Nonsolicitation Clauses
  • Ch. 11 - Employee Nonsolicitation and Anti-Poaching Agreements
  • Ch. 12 - Other Noninterference Clauses
  • Ch. 13 - Training-Related Agreements
  • Ch. 14 - Optional Enforcement Clauses
  • Ch. 15 - Forfeiture and Clawback Clauses
  • Ch. 16 - Stock Option and Other Equity-Based Agreements
  • Ch. 17 - ERISA-Covered Plans
  • Ch. 18 - Fixed-Term, Notice, and Garden Leave Contracts
  • Ch. 19 - Severance and Settlement Agreements
  • Ch. 20 - Sale of the Business: Mergers and Acquisitions
  • Ch. 21 - Contract Issues in the Employment Context and Language Solutions
  • Ch. 22 - International Law Perspectives and Considerations

Part III - Litigation Guide

  • Ch. 23 - Enforcement Assessment Questions
  • Ch. 24 - Litigation Strategy
  • Ch. 25 - Causes of Action
  • Ch. 26 - Pleading Considerations
  • Ch. 27 - Discovery
  • Ch. 28 - Unique Evidence Issues
  • Ch. 29 - Trial


  • Intellectual Property and Unfair Competition Protection Audit: Checklist
  • Contract Enforcement Questions: Checklist
  • Recommended 7 Step Contract Drafting Process


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
M. Scott McDonald is office managing shareholder who serves on the board of directors at Littler Mendelson P.C. in Dallas, TX.
Jacqueline Johnson is a shareholder at Littler Mendelson P.C. in Dallas, TX.


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


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

"Scott McDonald and Jacqueline Johnson have long been considered by their colleagues as experts on the law of employees and unfair competition.  Their expertise includes both the prevention of such issues and the litigation of them when they inevitably arise.  Their new guide provides their fellow practitioners with a comprehensive guide on all aspects of employment law and the protection of intellectual property.  It is essential for every employment lawyer."


W. Gary Fowler

Board Certified, Labor and Employment Law, Texas Board of Legal Specialization