Summary of Covenants Not to Compete: A Global Perspective

Summary of Covenants Not to Compete: A Global Perspective provides detailed overviews of the substantive law surrounding restrictive covenants in the Americas, Europe, and Asia.

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This is particularly important in cross-border transactions or disputes that involve technology and intellectual property, often requiring the parties to consider the restrictive covenant rules across many different jurisdictions in a short period of time. Summary of Covenants Not to Compete: A Global Perspective provides detailed overviews of the substantive law surrounding restrictive covenants in the Americas, Europe, and Asia.

This compendium provides a single-volume resource for referencing restrictive covenant rules across jurisdictions. Written by practitioners with extensive experience in these jurisdictions, chapters follow a standard structure for efficient cross-referencing. Each chapter provides the core laws or regulations relating to restrictive covenants in that jurisdiction. The chapter identifies the relevant statutes and key cases, as well as the leading interpretations of them. Chapters for these countries also consider the most frequent issues that arise, including whether courts have the power to revise restrictive covenants, what qualifies as consideration for such covenants, how the analysis is impacted when the covenant is ancillary to a transaction, and what defenses may be asserted to an alleged breach. Some chapters also discuss the treatment of confidential information, trade secrets, or non-solicitation agreements as those issues relate to restrictive covenants. Finally, each chapter discusses the potential enforcement mechanisms for violations of restrictive covenants.

Countries covered are Australia, Denmark, France, Germany, Israel, Italy, The Netherlands, Spain, Sweden, Switzerland, United Kingdom, People’s Republic of China, Hong Kong, India, Japan, Malaysia, Singapore, Republic of Korea, Canada, Mexico, and Brazil. State chapters include Arkansas, California, Connecticut, Delaware, Florida, Illinois, Indiana, Iowa, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Texas, Vermont, Virginia, and Wisconsin.

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