New Fourth Edition of 'Employee Duty of Loyalty: A State-by-State Survey' Addresses Causes of Action, Procedural Issues, Emerging Trends, and More
ARLINGTON, Va., Jan. 15 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the Fourth Edition of Employee Duty of Loyalty: A State-by-State Survey. This two-volume treatise is published by BNA Books, in cooperation with the American Bar Association Section of Labor and Employment Law.
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Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, the Fourth Edition of Employee Duty of Loyalty: A State-by-State Survey serves as an excellent, easy-to-scan, question-and-answer reference on each state's recognition and understanding of the duty of loyalty; prohibited and permitted conduct; and litigation issues, including the availability of injunctive relief, damages, and defenses. Unique among titles on the subject, this two-volume treatise contains extensive discussions, broken out by category of employee — from "mere employees" to "officers and directors" — showing the reader how the duty of loyalty is applied depending on the level of responsibility the employee has within an organization.
The treatise contains incisive discussions of various other critical issues, and addresses a number of questions of first impression, including:
- Has a cause of action for breach of the employee duty of loyalty been recognized?
- What damages are available for breach of the employee duty of loyalty?
- Is a claim for breach of the employee duty of loyalty preempted by the Uniform Trade Secrets Act?
- Whether all employees — including lower-level employees — owe a duty of loyalty to their employers under California law (Hanger Prosthetics & Orthotics, Inc. v. Capstone Orthopedic, Inc., 556 F. Supp. 2d 1122 (E.D. Cal. 2008))
- Whether unemployment benefits are available under Minnesota law to an employee who breaches the duty of loyalty by interfering with his employer's contracts with customers (Marn v. Fairview Pharmacy Services LLC, 756 N.W.2d 117 (Minn. Ct. App. 2008))
- Whether a claim for breach of the employee duty of loyalty under Virginia law is preempted by the Uniform Trade Secrets Act (Combined Ins. Co. of Am. v. Wiest, 578 F. Supp. 2d 822 (W.D. Va. 2008))
- Whether there is a cause of action under Utah law for inducing a breach of fiduciary duty and/or duty of loyalty. (Farm Bureau Life Ins. Co. v. American Nat'l Ins. Co., 505 F. Supp. 2d 1178 (D. Utah 2007))
The Fourth Edition also includes finding lists and detailed chapter contents, appendices of Restatement material, extensive quotations from court cases, and cross references to other titles in the State-by-State Survey series.
The author of the Fourth Edition of Employee Duty of Loyalty: A State-by-State Survey, Brian M. Malsberger, is a BNA Books senior editor and also the author of Covenants Not to Compete: A State-by-State Survey; Trade Secrets: A State-by-State Survey; and Tortious Interference in the Employment Context: A State-by-State Survey. The book's board of review associate editors are Stacey A. Campbell, David J. Carr, and Arnold H. Pedowitz. All are attorneys and members of the ABA Section of Labor and Employment Law's Employment Rights and Responsibilities Committee.
BNA is a leading private publisher of news and information products for professionals in law and business. In addition to the Fourth Edition of Employee Duty of Loyalty: A State-by-State Survey, BNA's Book Division publishes Covenants Not to Compete: A State-by-State Survey; Trade Secrets: A State-by-State Survey; and Tortious Interference in the Employment Context: A State-by-State Survey. BNA's Book Division also publishes Employment Termination: Rights and Remedies; Mental and Emotional Injuries in Employment Law; Drafting and Enforcing Covenants Not to Compete; Privacy in Employment Law; and other titles in legal specialties. For a free BNA Books 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.
The Fourth Edition of Employee Duty of Loyalty: A State-by-State Survey may be purchased (Order #1787/$485.00 plus tax, shipping, and handling) 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
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