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The proliferation of multi-state and multi-national corporations, globalization and instant communication has changed and broadened the landscape for protecting business interests. The fluid and fluctuating job market also creates new and challenging counterbalancing issues concerning the freedom to enjoy the fruits of one’s labor. Moreover, the current avalanche of noncompete litigation and legislation is symptomatic of the confusing, disparate and often contradictory application of the law to disputes about the enforceability of noncompete agreements. Noncompete Law provides the practitioner and business advisor the tools to meet these changes and challenges by providing an in-depth understanding of the issues and a step-by-step process for resolving them.
• Essential tool for practitioners asserting or defending covenant not to compete claims in this constantly changing and expanding business environment.
• Identifies all the elements of enforceable covenants not to compete in an intrastate, interstate and multinational business environment; the variances in the law; the problem areas to avoid; and the tools to provide protection to clients and to enforce or defend such claims.
• Includes drafting instructions, practice tips, and practical litigation and drafting guidance. State law distinctions are also included.
The Honorable William Constangy is a highly seasoned expert, bringing a wealth of practical insights and litigation-tested advice to the area of covenants not to compete.
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Table of Contents
Chapter 1: Noncompete History and Foundational Principles
Chapter 2: Noncompete Enforceability Factors
Chapter 3: Enforceability of Nonsolicitation, Nondisclosure and Related Covenants
Chapter 4: Noncompete Construction and Reformation
Chapter 5: Noncompete Claims, Remedies and Defenses
Chapter 6: Physician and Other Healthcare Provider Noncompetes
Chapter 7: Noncompete Legislation