BNA Books' New Third Edition of 'Tortious Interference in the Employment Context: A State-by-State Survey,' Gives Comprehensive, Up-to-Date Coverage

ARLINGTON, Va., Jan. 3, 2011 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the Third Edition of Tortious Interference in the Employment Context: A State-by-State Survey. The treatise is published by BNA Books in cooperation with the Committee on Employment Rights and Responsibilities of the American Bar Association's Section of Labor and Employment Law.

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Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition is a companion volume to the BNA Books state-by-state survey titles Covenants Not to Compete, Trade Secrets, and Employee Duty of Loyalty. Whereas the other three treatises examine suits by employers or former employers against employees or former employees, this treatise also examines business-versus-business suits, as well as suits brought by former employees against their former employers. Together, this series on employment-related business torts and covenants provides comprehensive coverage of the issues that arise regarding competition in the employment context on a state-by-state basis in an easy to use, question-and-answer format. The international complement to this title is Restrictive Covenants and Trade Secrets in Employment Law: An International Survey, Volumes I and II.

The two main types of actions analyzed in this definitive treatise are:

• Where there is a contract, tortious interference with that contract
• Where there is no contract or the contract is unenforceable, tortious interference with commercial relationships or with prospective economic advantage/expectancies

Using the uniform outline reproduced in its "List of General Questions," Tortious Interference in the Employment Context examines — for each state — the elements of these two causes of action, the defenses that may be successfully raised, and the types of relief available. In addition, the survey examines special rules for at-will employment, the effect of indemnification agreements, and the personal liability of employees. The Third Edition also contains expanded discussions of the elements required to establish intentional interference with contracts and business relationships, the relief available to plaintiffs in such actions, and defenses for avoiding liability.

Each state chapter in Tortious Interference in the Employment Context addresses:

• Elements of a Former Employer's Claim Regarding Recruiting or Hiring an Employee with a Restrictive Covenant
• Interference with the Covenant
• Interference with Commercial Relationships or Prospective Economic Advantage/Expectancies
• Claims for Interference Involving the Restrictive Covenant Itself
• Claims Against the New Employer Where the Employment Was at Will
• Claims Where the Employment Was for a Definite Term
• Defenses to Claim
• Relief Available to Former Employer
• Similar Claims Recognized by State
• Hiring Measures by a New Employer for Screening Applicants with Restrictive Covenants
• Practical Advice to a Company Considering Hiring Such an Applicant
• Indemnification
• Personal Liability of Individual Officers or Employees
• Liability of Former Employer for Interference with New Employment Relationship

Brian M. Malsberger is the author of Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition.  A BNA Books senior editor, Mr. Malsberger is also the author of the state-by-state survey treatises Covenants Not to Compete, Trade Secrets, and Employee Duty of Loyalty. This treatise is published in cooperation with the Committee on Employment Rights and Responsibilities of the American Bar Association's 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.abanet.org/labor/home.html.

BNA is a leading private publisher of news and information products for professionals in law and business. In addition to Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition, BNA's Book Division publishes Covenants Not to Compete: A State-by-State Survey; Employee Duty of Loyalty: A State-by-State Survey; Employment Discrimination Law; How ADR Works; International Labor and Employment Laws, Volumes I and II; Occupational Safety and Health Law; Tortious Interference in the Employment Context: A State-by-State Survey; Restrictive Covenants & Trade Secrets in Employment Law: An International Survey, Volumes I and II; Trade Secrets: A State-by-State Survey; Drafting and Enforcing Covenants Not to Compete; The Uniformed Services Employment and Reemployment Rights Act; and other titles in legal specialties. For a free BNA Book catalog, call 1-800-960-1220 or send an e-mail request to [email protected]. The BNA Books website, including an online catalog, can be found at bnabooks.com.

Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition (1,600 pp. Hardcover/Order #1862-PREL10/$440.00 plus tax, shipping, and handling) may be purchased from BNA Books, 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 bnabooks.com. Please note that discounts cannot be combined.

SOURCE BNA Books