Covenants Not to Compete: A State-by-State Survey, Tenth Edition

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9781617466786: Covenants Not to Compete: A State-by-State Survey, Tenth Edition
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Now updated in its Tenth Edition, Covenants Not to Compete provides an overview of settled law but also identifies questions of first impression and discusses issues with significant splits of authority across states. Cutting-edge questions considered in the Tenth Edition include: a state statute requiring courts to reform noncompetition covenants that are overbroad as written; whether more than sporadic communication between employees and customers is required for there to be a legitimate protectable interest in goodwill; whether a termination letter clearly indicating an intent to enforce a noncompetition covenant constitutes a threat of future litigation sufficient to create an actual controversy for purposes of a declaratory judgment claim; whether nonrecruitment agreements are enforceable; the assignability of covenants not to compete; whether a term of years employment agreement is really an unenforceable restrictive covenant; whether a contractual stipulation as to irreparable harm establishes that element for purposes of injunctive relief; whether irreparable harm acknowledgement clauses are enforceable; the viability of pre-employment noncompete agreements; and whether tortious interference with a preexisting noncompetition covenant can be successfully alleged against a subsequent employer that had no knowledge of the covenant prior to hiring the employee.

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About the Author:

Brian M. Malsberger, a Bloomberg BNA Senior Editor, Arlington, Va., is the author of Covenants Not to Compete: A State-by-State Survey, Ninth Edition; 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.

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