Covenants Not to Compete: A State-by-State Survey, Ninth Edition
This respected and authoritative three-volume treatise delivers the information practitioners need to analyze, draft and litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license and sale-of-business contexts. Courts all across the U.S. have resolved a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete. Covenants Not to Compete: A State-by-State Survey discusses these decisions and identifies issues with significant splits of authority across the states. "Additional Topics" at the end of relevant chapters address make-or-break issues, including context characterization: distributorship versus sale of business; effect of giving up competing business; grace periods to cure breach not presumed; and effect of reemployment by same employer.
The Ninth Edition offers important updates including expanded discussions of 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; and remedies available for covenant breach, including injunctive relief and damages.
Employee Duty of Loyalty: A State-by-State Survey, Fifth Edition
The Fifth Edition of Employee Duty of Loyalty: A State-by-State Survey provides up-to-date analysis, by state, of conduct that breaches and conduct that does not breach the employee duty of loyalty. 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. This easy-to-scan, question-and-answer reference is the premier resource available on how each state addresses the employee duty of loyalty.
This two-volume treatise also explores various other critical issues in employment law, including: whether a cause of action for breach of the employee duty of loyalty has been recognized; what damages are available for breach of the employee duty of loyalty; commentators' reactions to the formulation of the employee duty of loyalty in the Restatement of Employment Law; and whether a claim for breach of the employee duty of loyalty is preempted by the Uniform Trade Secrets Act.
Trade Secrets: A State-by-State Survey, Fourth Edition, with 2013 Supplement
Trade Secrets: A State-by-State Survey, Fourth Edition includes expanded discussion of types of information granted or denied trade secret protection under the various state trade secrets acts and the availability of injunctive relief and damages. It addresses several issues as "Additional Topics," including amendments to complaint, consolidation, conspiracy, conversion, declaratory judgments, default judgments, directed verdicts, evidence (circumstantial), first-filed rule, forum selection clauses, gist of the action doctrine, interrogatories, supplemental jurisdiction, litigation privilege, ownership versus possession, questions of law and sanctions. The treatise offers important cross-references to other titles in the ABA/Bloomberg BNA State-by-State Survey Series.
Each state chapter addresses a state's definition of trade secret; courts' interpretations under the statute, Uniform Trade Secrets Act, or common law; policy considerations recognized by courts; evidence establishing the elements of a trade secret and of a misappropriation claim; courts' justifications for denial of protection; types of information granted trade secret protection; types of relief granted for the misappropriation of trade secrets; level of protection for proprietary information; and references to law review articles/other publications.
The new 2013 Cumulative Supplement provides detailed analysis on availability of protective orders and the inevitable disclosure doctrine.
All three treatises are published in cooperation with the Committee on Employment Rights and Responsibilities.
For a complete listing of Section titles and discounted prices and to order, visit the Bloomberg BNA book division website.
Section members are entitled to significant discounts on this and other Section treatises published by ABA/Bloomberg BNA, including the following best-selling editions: Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition and Wage and Hour Laws: A State-by-State Survey, Second Edition, both with 2013 Cumulative Supplements.