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Covenants Not to Compete, Fifth Edition

Covenants Not to Compete, Fifth Edition

SKU:10073227
Mark R. Filipp
Format
Internet price is for a three-month subscription. Once you complete your purchase, VitalLaw registration instructions and login credentials to access your subscription will be emailed to you within one business day.
Price:
$1,235.00
Product Line
Wolters Kluwer Legal & Regulatory U.S.
Product SKU
10073227

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

Note: Online subscriptions are for three-month periods.

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

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

FAQs

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? 

Experts

  • Mark R. Filipp
    Mark R. Filipp
    Kemp Klein Law Firm
    Shareholder, Member of Board of Directors
    Mark Filipp, with over 30 years of litigation experience, has been involved in a broad range of business disputes, with extensive experience defending
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Covenants Not to Compete, Fifth Edition | Wolters Kluwer Legal & Regulatory