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    Covenants Not to Compete a State-By-State Survey, Thirteenth Edition

    By Brian M Malsberger

    Edited by Arnold Henry Pedowitz, David J Carr, and Eric Akira Tate

    Covenants Not to Compete a State-By-State Survey, Thirteenth Edition

    Covenants Not to Compete a State-By-State Survey, Thirteenth Edition

    By Brian M Malsberger

    Edited by Arnold Henry Pedowitz, David J Carr, and Eric Akira Tate

    Covenants Not to Compete: A State-by-State Survey 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.

    Publication Date: 2021 (current through December 31, 2021)

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    Covenants Not to Compete: A State-by-State Survey 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.

    This respected and authoritative four-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 issues considered include: the viability of covenants that don’t specify a list of particular competitors as prohibited employers; the validity of covenants of worldwide scope; whether questions of enforceability are for the judge and not the jury; the effect of an employer’s criminal conviction; 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 communication between employees and customers is required for there to be a protectable interest in goodwill; and the enforceability of noncompete agreements executed by physicians who treat rare disorders, and more.

    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

    Product Details

    ISBN

    9781682678572

    Page Count

    4882

    Product Code

    LL21CNCS13PDF

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