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Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested 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. The Fourth Edition provides up-to-date information on topics as: State law as reflected in State Care Digests for all 40 states, Puerto Rico and the District of Columbia Drafting considerations Assignments of covenants as a result of mergers and acquisitions Covenants Not to Compete even includes ready-to-use documents as well as individual clauses that can be easily customized for specific needs. Among these legally sound models are: Employments agreements in a variety of contexts Settlement and release agreements Confidential information clauses Non-competition provisions Litigation forms Covenants Not to Compete has been updated to include: New cases from various states addressing whether restrictions contained within a covenant not to compete in the employment context are reasonable Recent cases from various states addressing damages and injunctive relief New cases from various states analyzing covenants not to compete in connection with the sale of a business Recent cases from various states addressing the so-called "bluepencil" doctrine Recent cases addressing non-solicitation agreements and consideration issues
Covenants Not to Compete
The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.
'In this increasingly globalised regulatory environment there is a need to better understand how the world's two most active trade-blocks are cooperating especially with regard to pending complicated regulations be it REACH or the proposed revision of US TSCA. In this most timely book, Vogel and Swinnen bring together an outstanding group of scholars to help explain the delicate and important intricacies of present policy debates, making the volume essential reading for policy researchers, regulators and consultants active in the area.' – Ragnar Lofstedt, King's College London, UK 'David Vogel and Johan Swinnen have assembled a first-rate book on regulatory cooperation between the US and EU. The case studies provide detailed and nuanced analyses of policy areas from water to climate change and biotechnology, and the concluding chapters offer well-judged and balanced assessments of the regulatory challenges for future transatlantic relations.' – Robert Falkner, London School of Economics and Political Science, UK 'Transatlantic Regulatory Cooperation represents a cutting-edge contribution to the study of economic regulation, and in particular the prospects for cooperation between the US and the EU as the world's dominant economic blocs. The authors, among the leading scholars in their fields, provide theoretically and empirically informed studies of transatlantic cooperation and conflict in areas such as the environment, climate change, food safety, and genetically modified foods, deriving provocative and compelling policy recommendations from each. The discussion of federalism, and the opportunities and constraints it presents for international cooperation, is superb.' – Mark A. Pollack, Temple University, US This well-documented book analyzes the possibilities and constraints of regulatory cooperation between the EU and the US (particularly California) with a specific focus on environmental protection, food safety and agriculture, biosafety and biodiversity. Transatlantic Regulatory Cooperation features eleven original essays by leading academics of regulation on both sides of the Atlantic. They explore topics such as the impact of federalism on regulatory policies both within the US and Europe, the transatlantic dynamics of water policy, climate change, pesticide and chemical regulation, and biotechnology. A primary focus of this timely study is on the shifting roles of California and the EU as regulatory leaders and ITS impact on future regulatory cooperation across the Atlantic. This informative book will appeal to graduate and postgraduate students, as well as academics and researchers in international relations, business, law and economics who are working on regulatory issues. The policy community which focuses on regulation and transatlantic regulatory relations will also find it an important resource.
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2017 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for -strict responsibility misrepresentation.- Another state recognizes claims of -prima facie tort- for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences.
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2019 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for "strict responsibility misrepresentation." Another state recognizes claims of "prima facie tort" for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. Note: Online subscriptions are for three-month periods. Previous Edtion: Business Torts: A Fifty State Guide, 2018 Edition, ISBN 9781454884323¿
Business Torts: A Fifty State Guide, 2021 Edition provides the most recent statutory and case law developments on business torts laws for each of the fifty states and the District of Columbia. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction. You will find detailed coverage of each state's standards regarding: misappropriation of trade secrets; tortious interference with contracts; fraud and misrepresentation; trade libel and commercial disparagement; breach of fiduciary duty; officers and directors liability; conversion; unfair competition, fraudulent transfer; economic loss; and statutes of limitation. The 2021 Edition incorporates recent changes in the law of the various states, including: The Nebraska Supreme Court has recognized the tort of trade libel and commercial disparagement in a long-awaited landmark case. The Missouri legislator amended the Missouri's Merchandising Practices Act to require a consumer bringing a claim under that act to establish that they acted as a reasonable consumer would in light of all circumstances and that the business practice alleged to be unlawful would cause a reasonable person to enter into the transaction that resulted in damages. The Florida Ninth Judicial Circuit has reopened its "Business Court", a division of the Court which handles exclusively business matters. The Business Court was closed in 2017 due to budget constraints. The Hawaii Supreme Court held that a plaintiff may claim equitable tolling for fraudulent concealment. State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Note: Online subscriptions are for three-month periods. Previous Edtion: Business Torts: A Fifty State Guide, 2020 Edition, ISBN 9781543806908
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2020 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for "strict responsibility misrepresentation." Another state recognizes claims of "prima facie tort" for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. Previous Edtion: Business Torts: A Fifty State Guide, 2019 Edition, ISBN 9781454899600