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Covenants Not to Compete, 5th Edition (1-year Online Subscription)

Covenants Not to Compete, 5th Edition (1-year Online Subscription)

Name: Covenants Not to Compete, 5th Edition (1-year Online Subscription)
Brand: Wolters Kluwer Legal & Regulatory U.S. (Online)
SKU: 10073227
Availability: InStock
Author: Mark R. Filipp
ISBN: 10073227

By Mark R. Filipp

Wolters Kluwer Legal & Regulatory U.S. (Online)

Specifications

ISBN-13: 10073227
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
Format: Online , 1386 pages
Jurisdiction: U.S. ? Countri(es) for reference only

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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

Covenants Not to Compete has been updated to include:

Recent cases addressing covenants not to compete in connection with the sale of a business
Recent cases determining whether non-compete restrictions in the employment context are reasonable as to geographic scope and duration
Recent cases determining whether non-solicitation agreements are enforceable under state law
Recent cases addressing the issues of “blue-penciling” and court modification of overly broad covenants
Recent cases determining whether the scope of restricted activity in a non-compete agreement is reasonable under state law
Recent cases determining whether the issuance of injunctive relief is warranted

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?

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

About the Author

Mark R. Filipp

Mark R. Filipp, shareholder of the law firm Kemp, Klein, Umphrey, Endelman & May, P.C., in Troy, Michigan, is a litigator, practicing almost exclusively in the labor and employment law area. Mr. Filipp received his J.D. degree from the University of Detroit School of Law in 1981 and was the Editor-in-Chief of the Law Review and recipient of the Clarence M. Burton Scholar award. He received his Bachelor of Arts degree, with honors, from Michigan State University in 1978. Mr. Filipp has defended companies in a wide range of employment cases, including defense of claims alleging wrongful discharge, discrimination, sexual harassment, retaliatory discharge, whistleblower claims, and hearings and appeals before various administrative bodies including the MDCR and EEOC. Mr. Filipp is regularly involved in both the preparation of covenant not to compete agreements and in litigation involving their enforceability. In addition, Mr. Filipp provides regular counsel to employers concerning such matters as mass-layoffs, force reduction, and employee discipline. Mr. Filipp is active in the State Bar of Michigan, having served in many positions, including past Chairperson of the Law Practice Management Section of the State Bar of Michigan. He is a member of the American Bar Association, Labor and Employment Law Section and active in the Oakland County Bar Association. Mr. Filipp has authored and/or edited many published books and articles. He is the co-author of Employment Law Answer Book, Sixth Edition, and author of The Practical Guide to Employment Law, both published by Aspen Publishers, New York, NY. Mr. Filipp is a frequent lecturer on current employment law issues and conducts in-house training for companies on various employment law topics geared toward reducing risk and exposure to employment litigation.

Price on request

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