Covenants Not to Compete: A State-by-State Survey, Thirteenth Edition



Covenants Not to Compete: A State-by-State Survey helps practitioners analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts.


This respected and authoritative four-volume treatise delivers the information practitioners need to analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants in the employment, partnership, franchise, license, and sale-of-business contexts.

Comprehensive in scope, yet easy to use, Covenants Not to Compete provides fingertip access to critical information, whether the user is searching by state, by topic, by questions of first impression, or by issues that have been specifically identified as unresolved by courts. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.

Representative cutting-edge issues considered include:  the viability of covenants that don’t specify a list of particular competitors as prohibited employers; the validity of covenants of worldwide scope; whether questions of enforceability are for the judge and not the jury; the effect of an employer’s criminal conviction; how an overly broad confidentiality agreement has been treated as a noncompetition covenant; the anticipatory repudiation of covenants; the impact of a state statute prohibiting noncompetes for technology employees; the adequacy of continued employment as consideration for execution of an afterthought covenant; the impact of a statute requiring courts to reform overbroad noncompetition covenants; whether more than “sporadic” communication between employees and customers is required for there to be a protectable interest in goodwill; and the enforceability of noncompete agreements executed by physicians who treat rare disorders, and more. 

Cases cited involve a wide swathe of occupations from industries as diverse as civil engineering, health care, insurance, and information technology.

Be sure to scroll down and read the reviews!

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Each State Chapter Addresses:

  • Statutes Governing Enforceability
  • Employer's Protectable Interests
  • Proof of Existence of a Covenant
  • Consideration Issues
  • Courts' Power to Modify the Covenant
  • Obtaining a Preliminary Injunction
  • Establishing Irreparable Harm
  • Standard of Review on Appeal
  • Enforceability After Firing
  • Period of Injunction
  • Damages Available
  • Liquidated Damages Clauses
  • Choice of Law Rules


Brian M. Malsberger is the author of Covenants Not to Compete: A State-by-State Survey, Employee Duty of Loyalty: A State-by-State Survey, Tortious Interference in the Employment Context: A State-by-State Survey, and Trade Secrets: A State-by-State Survey.

Board of Review Associate Editors

David J. Carr is a partner in the Labor and Employment Law Group of Ice Miller LLP, Indianapolis, IN.

Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law. 

Eric Akira Tate is a partner at Morrison & Foerster LLP, San Francisco, CA, and serves as co-chair of the firm’s Employment and Labor Practice Group.


Main Volume Information

2020/ 4 Volumes/ approx. 8,000 pp. Hardcover/ ISBN 978-1-68267-787-2/ Order #3787


"We use your treatises just about every day in our department (Covenants Not to Compete, Duty of Loyalty, etc.) Thanks for publishing such a quality product."

Robert Driscoll

Attorney, Reinhart Boerner Van Deuren S.C., Milwaukee WI


“Covenants Not to Compete: A State-by-State Survey is an excellent resource for this complex and growing area. I think it is essential for the restrictive covenant practitioner.”

Clifford R. Atlas

Partner, Jackson Lewis, New York, NY


“The leading (and exhaustive) compilation.”

Mathew W. Finkin

Albert J. Harno Professor of Law, University of Illinois


“I am a huge fan of your restrictive covenant and trade secret books. They are well-worn resources in my legal library.”

Eric Meyer

Partner, Dilworth Paxson LLP


"This resource provides exhaustive coverage of state statutory and case law on every aspect of these non-compete agreements as an aid to understanding the limits of the enforceability of restrictive covenants, and as a tool for attorneys in the drafting and counseling process. [It] is an essential resource for any attorney representing clients in covenants-not-to-compete issues.  A particularly valuable resource for the attorney with clients having multi-state operations.”

Kendall F. Svengalis

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