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Covenants Not to Compete, Fifth Edition Covenants Not to Compete, Fifth Edition

Covenants Not to Compete, Fifth Edition

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Overview

Covenants Not to Compete, Fifth Edition


Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. This is the must-have authority on how to draft and interpret a covenant not to compete clause.

This resource clearly lays out what interests can be protected and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restrictive covenants, covering the litigation process from discovery through closing argument, including plaintiff and defendant approaches.

It provides up-to-date information on key topics such as:

  • Enforcement of restrictive covenants
  • Protectible interests
  • Drafting considerations
  • Special issues for specific occupations
  • Litigation considerations and remedies

Covenants Not to Compete even includes ready-to-use documents as well as individual covenant not to compete clauses that can be easily customized for specific needs. Among these legally sound models are:

  • Hiring agreements
  • Settlement and release agreements
  • Termination clauses
  • Confidential information clauses
  • Licensing agreements
  • Non-competition agreements
  • Litigation forms

Covenants Not to Compete has been updated to include:

  • Recent cases addressing covenants not to compete in connection with the sale of a business
  • Recent cases determining whether non-compete restrictions in the employment context are reasonable as to geographic scope and duration
  • Recent cases determining whether non-solicitation agreements are enforceable under state law
  • Recent cases addressing the issues of “blue-penciling” and court modification of overly broad covenants
  • Recent cases determining whether the scope of restricted activity in a non-compete agreement is reasonable under state law
  • Recent cases determining whether the issuance of injunctive relief is warranted

Frequently Asked Questions addressed in Covenants Not to Compete:

  • Is this covenant not to compete clause enforceable?
  • What are protectible interests?
  • What constitutes a trade secret?
  • Is a covenant not to compete an intangible asset?
  • How does RICO affect covenants not to compete?
  • What are the requirements for a covenant not to compete?
  • What are the available remedies for the violation of a covenant not to compete? 

Note: Online subscriptions are for three-month periods.

Previous Edition: Covenants Not to Compete, Fourth Edition, ISBN 10046579-7777

Pages 1298
Last Updated 10/04/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543813197
SKU 10071962-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073227
Table of Contents

1. EARLY ENGLISH AND AMERICAN COMMON LAW

  • Early English Development of Policy in Favor of Right to Work
  • Rise of Craft Guilds and Public's Right to Skilled Labor
  • Public Policy Against Restricting Competition
  • Covenants in Connection with Sale of Business
  • General and Particular Restraints and Development of Policy in Favor of Right to Contract
  • Development of Reasonableness as Determinative Factor
  • Development of Modern Rule
  • English Heritage
  • Early American Case Development
  • Partial and General Restraints
  • Emergence of Rule of Reason
  • Ancillary Restraints
  • Test for Determining Reasonableness
  • Protectible Interests
  • The Public's Interest
  • Covenants Between Employers and Employees
  • Sale of Business
  • Covenants Associated with Other Transactions

2. MODERN TREATMENT OF NON-COMPETITION AGREEMENTS

  • United States Common Law
  • Restrictions Against Competition During Employment
  • Enforcement of Restrictive Covenants
  • Enforcement of Non-Disclosure Clause
  • Legislation Invalidating Non-Competition Agreements
  • Types of Restrictive Covenants
  • Employee's Refusal to Sign Covenant

3. PROTECTIBLE INTERESTS

  • Interests of Employer That May Be Protected
  • Confidential Information in General
  • Trade Secrets
  • General Principles for Maintaining Confidentiality of Information

4. FEDERAL REGULATION OF EMPLOYEE COVENANTS NOT TO COMPETE

  • Sherman Antitrust Act
  • RICO Claims
  • ERISA

5. DRAFTING COVENANTS NOT TO COMPETE

  • General Drafting Considerations
  • Introductory Clauses
  • Consideration
  • Employer's Protectible Interest
  • Scope of Covenant Not to Compete
  • Miscellaneous Contract Provisions
  • Remedies
  • Indemnification Clause
  • Signature

6. COVENANT NOT TO COMPETE CLAUSES

  • Type of Covenant
  • Protectible Interests
  • Solicitation of Business
  • By Occupation

7. SAMPLE EMPLOYMENT AGREEMENTS

  • At-Will Employment Agreements
  • General Business Employment Agreements
  • Medical Professional Employment Agreements
  • Independent Contractor Employment Agreements
  • Foreign Employee Assignments in the United States

8. PRE-LITIGATION CONSIDERATIONS

  • Resolution Prior to Filing Suit
  • State or Federal Jurisdiction
  • Employer's Considerations
  • Considerations for Former Employee and New Employer

9. LITIGATION CONSIDERATIONS

  • Defining Goals and Objectives
  • Policy Considerations
  • Initial Client Contact
  • Plaintiff's Considerations
  • Defendant's Considerations
  • Discovery in Litigation
  • Dealing with Witnesses
  • Basic Evidence Considerations
  • Alternative Dispute Resolution Mechanisms (Arbitration)
  • Settlement
  • Attorney Fees and Costs

10. LITIGATION FORMS

  • Initial Pleadings
  • Injunctive Relief
  • Discovery
  • Settlement Agreements

11. REMEDIES

  • Enforcement of Covenants Not to Compete
  • Monetary Damages
  • Injunctive Relief
  • Costs and Attorney's Fees
  • Punitive Damages

12. STATE CASE DIGEST

  • Table of Cases
  • Table of Statutes
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