ARLINGTON, Va., Dec. 15, 2010 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the Seventh Edition of Covenants Not to Compete: A State-by-State Survey. The treatise is published by BNA Books, in cooperation with the Employment Rights and Responsibilities Committee of the American Bar Association's (ABA) Section of Labor and Employment Law.
- Covenants Not to Compete: A State-by-State Survey, Seventh Edition delivers information to help practitioners analyze, draft, and litigate all covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts. It also addresses questions of first impression interpreting new state statutes limiting the enforceability of covenants not to compete executed by employees in the broadcasting industries; contains expanded analysis of covenant protectable interests in both actual and potential customer relationships; and features an increased focus on covenants in the health care profession.
The Seventh Edition contains invaluable updates and new information on critical subjects, examining and explaining the resolution of a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete in the nation today. The coverage of these questions includes:
- The assignability in Idaho of employee noncompetition covenants
- The insufficiency under Montana law of continued at-will employment as independent consideration
- The enforceability in South Carolina of restrictive covenants by successor employers
In addition, the Seventh Edition identifies and discusses issues with respect to which there are 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. And, at the ends of relevant chapters, it also addresses hundreds of additional make-or-break issues as specific "Additional Topics," the most recently developed of which include:
- 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
- Preclusive Effect of Judgments
- Treble Damages
Additional topics discussed for the first time in the Seventh Edition include the effect of abandonment of a particular line of business, as well as the effect of abandonment of customers. Also discussed for the first time are equitable restitution and conditions precedent to contract formation.
The Seventh Edition of Covenants Not to Compete: A State-by-State Survey is published in conjunction with the American Bar Association's (ABA) Section of Labor and Employment Law, Employment Rights and Responsibilities Committee. 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. The Seventh Edition is written by Brian M. Malsberger, a senior editor with BNA Books in Arlington, Virginia. Stacey A. Campbell, David J. Carr, and Arnold H. Pedowitz are the board of review associate editors.
BNA is a leading private publisher of news and information products for professionals in law and business. In addition to Covenants Not to Compete: A State-by-State Survey, BNA's Book Division publishes Employee Duty of Loyalty: 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 Books also publishes Drafting and Enforcing Covenants Not to Compete; Mental and Emotional Injuries in Employment Litigation; Negligence in Employment Law; Privacy in Employment Law; Restrictive Covenants & Trade Secrets in Employment Law: An International Survey, Volumes I and II; and other titles in legal specialties. For a free BNA Books catalog, call 1-800-960-1220 or send an e-mail request to firstname.lastname@example.org. The BNA Books website, including an online catalog, can be found at bnabooks.com.
The Seventh Edition of Covenants Not to Compete: A State-by-State Survey may be purchased (7,024 pp. Hardcover/3 Volumes/Order # 1858-PREL10/ISBN#978-1-57018-858-1/$675.00 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.
Editors: Review copy available upon request.
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