Covenants Not to Compete: A State-by-State Survey, 3d ed.

• Position: Brief Article - Book Review

The 2003 supplement to Covenants Not to Compete: A State-by-State Survey, Third Edition by Brian M. Malsberger and edited by Samuel M. Brock III and Arnold H. Pedowitz expands the canvass of enforceability issues critical to employers.

The supplement focuses on factors courts take into consideration when deciding which restrictions constitute unreasonable restraint, including the employer's degree of contact with customers, the actual territory served by the employer's business, and the type of legitimate, covenant-protected interest involved.

This resource provides guidance on how to analyze, draft, and litigate all covenants not to compete and other restrictive covenants, partnership, and sale of business context. Each state chapter contains information on state statutes governing enforceability, employers' protectable interests, proof of existence of a covenant, courts' power to modify the covenant, obtaining a preliminary...