ARLINGTON, Va., March 28, 2013 /PRNewswire-USNewswire/ -- Bloomberg BNA has published the Eighth Edition of Covenants Not to Compete: A State-by-State Survey, delivering 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.
The Eighth Edition provides new insights and guidance on covenant enforceability, including expanded discussions of:
- The 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
- The relief available for covenant breach, including injunctive relief and damages
This treatise identifies issues with significant splits of authority across the states, including whether the mere leasing of property to a competitor violates the terms of a noncompete clause where the clause fails to include language specifically prohibiting such action. Additional topics at the end of relevant chapters address hundreds of make-or-break issues, including:
- Context characterization: service agreement versus employment context
- Effect of dissolution of employer
- Grace periods to cure breach not presumed
- Effect of entering into covenant in individual capacity
The treatise is published in cooperation with the Employment Rights and Responsibilities Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at 312.988.5813 or visit www.americanbar.org/groups/labor_law.html.
Covenants Not to Compete: A State-by-State Survey, Eighth Edition is authored by Brian M. Malsberger, a Bloomberg BNA Senior Editor and author of Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition; Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A State-by-State Survey, Fourth Edition. The Board of Review Associate Editors for this treatise are David J. Carr, a partner in the Labor and Employment Law section of Ice Miller LLP, Indianapolis, Ind.; Arnold H. Pedowitz, who practices plaintiff-side employment law in New York, N.Y.; and Eric Akira Tate, a partner at Morrison & Foerster LLP, San Francisco, Calif., who serves as co-chair of the firm's Employment and Labor Practice Group. This treatise is available for sale directly from Bloomberg BNA and is also available on the Bloomberg Law legal research system.
Bloomberg BNA, a wholly owned subsidiary of Bloomberg, is a leading source of legal, regulatory, and business information for professionals. In addition to Covenants Not to Compete: A State-by-State Survey, Bloomberg BNA publishes: Drafting and Enforcing Covenants Not to Compete, Employee Duty of Loyalty: A State-by-State Survey, Tortious Interference in the Employment Context: A State-by-State Survey, Trade Secrets: A State-by-State Survey, Wage and Hour Laws: A State-by-State Survey, and other titles in employment law. Visit us online for a free catalog, call 1.800.960.1220, or send an email request to firstname.lastname@example.org.
Covenants Not to Compete: A State-by-State Survey, Eighth Edition, may be purchased (6,792 pp. Hardcover, Order #2043-PR12/$695.00 plus tax, shipping, and handling) from Bloomberg BNA, Book Division, PO Box 7814, Edison, NJ 08818-7814. Telephone orders: 1.800.960.1220. Fax orders: 1.732.346.1624. A 10% discount is available on print copies of books when ordering from the website at www.bna.com/bnabooks. Please note that discounts cannot be combined.
SOURCE Bloomberg BNA