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Covenants Against Competition in Franchise Agreements

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ISBN: 9781614387503
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Save time drafting, negotiating and litigating franchise agreements with the updated Third Edition of Covenants Against Competition in Franchise Agreements. Since franchising has become an international industry in the past decade, this updated Third Edition has been expanded to include chapters on Canada and Mexico, making this a complete North American publication.

Beginning with the First Edition, the purpose of this publication is to provide a framework for comparative analysis of this critical topic in the franchise context throughout North America. This book gives franchisors, franchisees and their counsel a single source for the most current franchising statutory and decisional law in each of the 50 states, Washington DC, Puerto Rico, U.S. Virgin Islands, Canada and Mexico. Organized on a state-by-state basis, this book is structured to make understanding and analyzing covenants law quicker and easier. A convenient 45-page Table of Cases is also included for Canada and the United States.

An outline of issues addressed for each country and state includes:
•   Has the state addressed covenants against competition in the context of franchising?
•   Have the courts articulated the 'legitimate interests' of the franchisor that will support enforcement of a covenant against competition contained in a franchise agreement?
•   What time limitations have courts recognized as reasonable in the franchise context?
•   What geographic limitations have courts recognized as reasonable?
•   What limitations on activities have courts recognized as reasonable in the franchise context?
•   Does the state recognize a difference between in-term and post-term covenants?
•   Has the state allowed enforcement of covenants against non-signatories?
•   Will the state modify, 'blue pencil' or otherwise reduce a covenant found to be overbroad?
•   When does a non-compete period begin to run?
•   Are there additional nuances or peculiarities of the state's treatment of covenants in the franchising context?