Covenants Not to Compete: A State-By-State Survey

By in Regulation on July 20, 2013



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This respected and authoritative two-volume treatise gives you the critical information you need to analyze, draft, and litigate with confidence all covenants not to compete and other restrictive covenants in the employment, partnership, franchise, and sale-of-business contexts. Covenants Not to Compete: A State-by-State Survey, Fourth Edition provides an in-depth examination of the full range of covenant enforceability issues across the nation.

Covenants Not to Compete: A State-by-State Survey, Fourth Edition includes a complete catalog of the temporal, geographic, and activity restrictions that have been successfully imposed—and successfully challenged—under both the governing state statutes and the common law.

This invaluable resource also thoroughly addresses, by state, the types of interests that can be legitimately protected by a restrictive covenant; the types of consideration needed to support such an agreement (whether executed at the beginning of—or during—the employment relationship); the tests of enforceability; judicial approaches to modifying overbroad covenants; the availability of injunctive relief and damages; the effect of liquidated damages clauses on requests for injunctive relief; and the numerous defenses available.

This edition examines and explains a number of court decisions resolving several questions of first impression, such as:

  • the covenant-protectability under Indiana law of the image or persona of an employee developed, promoted, and advertised by the employer;
  • the enforceability of fee-for-competition clauses under Kansas law;
  • covenant assignability under Pennsylvania law where the employer retains a financial interest in a business sold to a successor employer;
  • the enforceability under Texas law of a forum selection clause where the enforceability of a covenant is at issue; and
  • the proper test of enforceability for franchise-context noncompetition covenants governed by Wisconsin law, and more.

    Covenants Not to Compete: A State-by-State Survey, Fourth Edition also expands the number of topics addressed in the treatise, discussing for the first time: Board of Accountancy Code of Professional Conduct; Context Characterization: Lease Context Versus Sale of Business Context; Courts, Specialized Business; Personally Binding or Not; Removal/Joinder of Defendants; and Ripeness for Review.

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