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Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants

Thorough analysis of the case law; detailed guidance for the practitioner

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  • Product Number: 2150503B05
  • Publication Date: 9/2/2015
  • Edition: 5th Edition 2015
  • Copyright: © 2015 MCLE, Inc.
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See Table of Contents below to purchase individual checklists and forms from this book. Price per exhibit: $18.00; Sponsor Members $15.00; New Lawyers $13.50
  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants provides an extensive analysis of noncompetition agreements in Massachusetts, including current trends in the law, the proper drafting of noncompetition agreements, strategies for their enforcement and defense, and their relationship to other restrictive covenants and laws. Included as exhibits are a fifty-state survey of noncompetition laws and checklists setting forth the steps to be taken in enforcing and defending against noncompetition agreements.

    Recent updates:

    • Update: August 2015

      Dear Subscriber:

      Thank you for updating your library with the 2015 edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants.

      This latest edition provides updated guidance, dozens of new cases, and sample language for key clauses. A topical index and tables of authorities have been added as well, enhancing the accessibility and utility of the book's materials.

      Highlights from among the many issues addressed in this edition include

      • the basic standards for enforceability, with issues relating to reasonableness, duration, geographic reach, restricted activities, and protected business interests;
      • the scope of the physicians' exemption under G.L. c. 112, Ā§ 12X;
      • legislative activity on the state and federal level relating to noncompetition agreements and trade secrets;
      • provisions on choice of law, selection of forum, and alternative dispute resolution;
      • enforcement of nonsolicitation agreements;
      • the standards for approval of preliminary injunctions;
      • strategies for enforcing and defending against noncompetition agreements; and
      • issues often litigated in connection with noncompetition agreements, including misappropriation of trade secrets, interference with advantageous business relationships, the Computer Fraud and Abuse Act, and Chapter 93A.

      We trust you will find the 2015 edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

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    Chapter 2 expand

    The Law of Restrictive Covenants

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    Exhibit 2A

    - State by State Survey of Employee Noncompetes Buy Form
    Chapter 3 expand

    Negotiating and Drafting Noncompetition Agreements

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    Chapter 4 expand

    Enforcing and Defending Against Noncompetition Agreements

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    Exhibit 4A

    - Checklist for Enforcing Restrictive Covenants Buy Form

    Exhibit 4B

    - Checklist for Defending Against Restrictive Covenants Buy Form
  • Editors & Authors