Employee Duty of Loyalty: A State-by-State Survey, Seventh Edition


New Supplement!

Employee Duty of Loyalty: A State-by-State Survey provides state-by-state analysis of conduct that breaches the employee duty of loyalty. In question-and-answer format, it includes discussions of state law broken out by category of employee—from “mere employees” to “officers and directors.” It includes Finding Lists, detailed chapter contents, appendices containing relevant Restatement excerpts, quotations from the case law, and more.


Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, Employee Duty of Loyalty: A State-by-State Survey reviews the duty on a state-by-state basis, analyzing prohibited and permitted conduct, litigation issues, defenses, damages, and the availability of injunctive relief.

Extensive discussions of state law, broken out by category of employee—from “mere employees” to “officers and directors”—show the reader how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization. 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.

Employee Duty of Loyalty includes Finding Lists and detailed chapter contents, appendices containing relevant Restatement excerpts, extensive quotations from the case law, and cross-references to other titles in the Bloomberg BNA State-by-State Survey Series. 

Sample questions examined in the Seventh Edition include:

  • Does the duty of loyalty persist after resignation?

  • Will an employer’s failure to identify specifically solicited customers be fatal to a breach of duty claim?

  • Is forfeiture of a disloyal employee’s salary available without proof of damages?

  • Does assisting a person to encourage employees to leave their employer amount to aiding and abetting a breach of the duty of loyalty?

Supplement Information

The 2019 Supplement to Employee Duty of Loyalty examines:

  • Parallel independent contract and tort causes of actions for breach of a nondisclosure agreement and breach of the duty of loyalty
  • The availability of lost profits for breach of the duty
  • The effect of contractual limits on liability for breach of an employee’s fiduciary duties
  • The amount of salary subject to forfeiture under the faithless servant doctrine

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Each State Chapter Addresses:

  • How the State Defines Protectable Interests of Employers
  • Procedural Issues
  • Duty of Employee to Disclose Information, Corporate Opportunities, or Conflicts of Interest to Employer
  • Prohibition Against Solicitation of the Employer’s Customers, Accounts, or Employees
  • Limitations on Competition by Employee During and After Employment
  • Prohibition Against Use of Employer’s Proprietary Information
  • Prohibition Against Taking Kickbacks and Bribes
  • Remedies
  • Injunctive Relief
  • Employee Defenses
  • Distinctions Among Categories of Employees
  • Illustrative Cases
  • Law Review Articles/Other Publications 

Be sure to scroll down and read the reviews!


Brian M. Malsberger is a Senior Book Editor at Bloomberg Law, Arlington, VA, and 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

2018/2 Volumes/3,792 pp. Hardcover/ISBN 978-1-68267-426-0/Order #3426

Supplement Information

2019/Approx. 446 pp. Softcover/ISBN 978-1-68267-715-5/Order #3715


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

Robert Driscoll

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


“This two-volume reference provides a detailed examination of the manner in which state courts have applied the employee duty of loyalty. [A]n essential resource for any attorney representing clients in breach of employee loyalty cases.”

Kendall F. Svengalis

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