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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.
* New for 2020: The 2020 Edition includes a new Chapter 8, “Noncompete Trends and Emerging Issues.” The chapter addresses the effect of the COVID-19 pandemic on the enforceability of noncompetes; federalization of noncompete prohibitions; low wage income worker noncompete prohibitions; exemption of nonsolicitation restrictive covenants and trade secret nondisclosure covenants; increasing prohibition of workplace sexual harassment or other discrimination nondisclosure covenants; penalties and fines; garden leave, buyouts and other specific additional consideration for noncompete enforceability; noncompete notice, disclosure and nondisclosure covenant revocation rights; out of state choice of law and choice of forum prohibition; and time and territorial restrictions.
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
Chapter 8: Noncompete Trends and Emerging Issues