Drafting and Enforcing Covenants Not to Compete was written specifically with the goal of eliminating the need for conducting extensive background legal research, by allowing users to focus directly on the drafting process and on particular substantive choices, language options, and supporting authority for alternative approaches.

Drafting & Enforcing Covenants Not To Compete

M. Scott McDonald

Jacqueline Johnson Lichty

Rules & Procedures

BNA Books, A Division of Bureau of National Affairs

An expansion of BNA Books Sexual Harassment in Employment Law providing the most complete coverage of harassment issues in the workplace Workplace harassment has become one of the most litigious areas of employment law, with thousands of cases being brought against employers, resulting in millions of dollars in litigation costs and awards. BNA Books first addressed this explosive subject in its seminal treatise Sexual Harassment in Employment Law. Given the expansion of the theories of liability for harassment, however, and the evolution of employer and employee rights and obligations, litigators and employers need an updated reference that addresses the entire spectrum of workplace harassment issues. The new Workplace Harassment Law provides the comprehensive coverage that attorneys need when bringing or defending a suit, offering guidance from seasoned practitioners, as well as multi-perspective analysis. The treatise examines the nuts and bolts of workplace harassment law, from requirements for bringing a suit, to establishment of harassment and actionable forms of harassment, to determination of employer liability. The treatise also discusses many different types of suits, including for harassment based on gender, race or color, national origin, religion, age, disability, association, and proximity. It starts with a history of workplace harassment, analyzing legislation that has come to define workplace harassment law, including opinions of the federal appellate courts interpreting Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws. Looking at the requirements for bringing a case, Workplace Harassment Law explores timeliness and timely exhaustion of administrative remedies; the parties involved in a claim; and establishment of the causal connection, one of the most important requirements of a harassment claim. The treatise discusses the causal connection with respect to each of the protected classes, and provides analysis of laws regarding retaliation and other adverse employment actions for opposing workplace harassment on the basis of these protected classes. The treatise provides a thorough examination of actionable forms of harassment, discussing: Tangible employment actions alleged to result from harassment Hostile work environments caused by conduct (a) so severe or pervasive that it creates an environment that any reasonable person would find hostile or (b) that the plaintiff perceives as creating a hostile work environment Criteria used to determine whether the harassment creates a work environment so intolerable that any reasonable person would quit Finally, the treatise moves to the topic of employer liability, analyzing: Quid pro quo cases, in which an employer is automatically liable for harassment by a supervisor Employer liability for harassment culminating in a tangible employment action Vicarious liability for hostile work environments wherein the harasser wields supervisory authority over the plaintiff, and the ways to reduce or avoid liability in such cases Employer negligence the most commonly invoked theory of employer liability Count on this newly expanded resource to provide expert analysis of the latest issues surrounding workplace harassment and sound advice on both avoiding and litigating harassment claims.litigating harassment claims.

Workplace Harassment Law

Barbara T. Lindemann

David D. Kadue

Reference

The decisions handed down in trademark cases can have diverse and far-reaching commercial and social impact. For trial lawyers facing the challenge of litigating Lanham Act cases, extensive knowledge of the complexities of both litigation procedure and trademark law is key. And few one-volume desk references provide the detailed procedural and substantive analysis of trademark litigation that is offered in BNA Books Trademark Litigation Practice.

Trademark Litigation Practice

David S. Fleming

John T. Gabrielides

Intellectual Property

Reductions in Force in Employment Law, Second Edition, provides a comprehensive understanding of the key employment and employee benefit considerations that arise in a reduction in force. The material in this soup-to-nuts volume is presented in logical order, from the preliminary issues that arise when planning a workforce reduction, to its implementation, and to the issues arising in its wake. This treatise encompasses a wealth of information, including: careful analyses of discrimination law issues; the often complex disclosure and other issues attendant to releases of ADEA claims; ERISA and non-ERISA benefit plan issues; tax considerations, including an examination of golden parachute penalties; and litigation trends related to severance benefits and the amendment and termination of benefit plans used in the reduction-in-force context. The Second Edition of Reductions in Force in Employment Law contains revised material addressing significant new developments, which include: How layoff selections can violate the federal Sarbanes Oxley Act and how the new federal Family and Medical Leave Act entitlements, effective as of January 2009, may impact layoff selections. Innovative RIF benefit programs implemented in certain industries following the 2008 worldwide financial panic. The American Recovery and Reinvestment Act of 2009 (ARRA), and specifically, the subsidy offered under ARRA to employers for COBRA premiums. The furnishing of statistical information required under the Older Workers Benefit Protection Act (OWBPA) for valid releases of ADEA claims. The federal Worker Adjustment and Retraining Notification Act (WARN Act) and all of its latest developments, as well as each analogous state WARN act. Whether an employee lawfully may have amounts from severance payments invested in 401(k) plans or treated as deferred plan contributions.

Reductions in Force in Employment Law, 2nd Edition

Ethan Lipsig

Business

The 2009 Cumulative Supplement to ERISA Fiduciary Law, Second Edition reviews and analyzes recent developments in ERISA fiduciary law in the areas of delegation of fiduciary responsibility, ESOP fiduciaries and valuation issues, and trustees responsibility for collecting delinquent contributions. The new Supplement highlights two recent Supreme Court decisions, Sereboff and LaRue, affecting, respectively, the scope of equitable relief available under ERISA and standing to pursue fiduciary claims in the context of defined contribution plans. The chapter addressing individual prohibited transaction exemptions includes a new section on underwriter exemptions, while the chapter on class exemptions from prohibited transactions describes the relationship between class exemptions introduced by the Pension Protection Act and preexisting class exemptions.

Erisa Fiduciary Law, 2nd Edition, 2009 Cumulative Supplement

Frederick A. Brodie and Susan P. Serota

Biotechnology and the Federal Circuit, Second Edition is the only reference work that provides an in-depth consideration of the entire body of Federal Circuit precedent in the rapidly developing area of biotechnology. This new edition integrates the court s decisions in chemical, biotechnology and pharmaceutical cases with an analysis of the current law. Unique in its detailed discussion of precedent and critical analysis of jurisprudence, patent prosecutors, litigators, and in-house counsel alike can count on this treatise for the guidance to navigate through the labyrinth of Federal Circuit biotechnology patent law. The new Second Edition offers full analysis and incisive, expert commentary on recent en banc Federal Circuit and Supreme Court decisions which have rewritten the law applied to biotechnology inventions and altered the basic legal principles governing patentability and infringement. This edition includes extensive revisions and updates to the original volume and supplements, and encompasses the most recent Federal Circuit precedent.

Biotechnology and the Federal Circuit, Second Edition

Kenneth J. Burchfield

Significant issues discussed in the 2009 Cumulative Supplement to The Family and Medical Leave Act include: New statutory protections provided by the National Defense Authorization Act for FY 2008 for families of military service members who are injured or who are called to active duty.Developments in state and municipal laws, including requirements for paid sick leave in several localities. Judicial deference to Department of Labor regulations and interpretations.Developments in the case law concerning care for family members, including coverage of adult family members, in loco parentis relationships, and activities that qualify as care .Entitlement to leave for pregnancy, alcoholism, and mental illness, as well as the intersection between alcoholism and mental illness.Whether an employee must satisfy the requirements of the employer s paid leave program when the employee is receiving paid leave while on FMLA leave.Different approaches among the circuits to evaluating retaliation claims, including the unique approach of the Seventh Circuit.Equitable estoppel claims by employees where employers fail to comply with statutory notice obligations.The Family and Medical Leave Act and the 2009 Cumulative Supplement are must-haves for all attorneys who grapple with the critical issues surrounding this deceptively simple statute.

Family & Medical Leave Act, 2009 Cumulative Supplement

ABA L&E Law Section

Easy access to explanations of causes of action, procedural issues, leading cases, and emerging trends for all 50 states and the District of Columbia. Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition serves as an excellent, easy-to-scan, question-and-answer reference on each state s recognition and understanding of the duty of loyalty; prohibited and permitted conduct; and litigation issues, including the availability of injunctive relief, damages, and defenses. Unique from other titles on the subject, this two-volume treatise contains extensive discussions of state law, broken out by category of employee from mere employees to officers and directors showing the reader how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization. The Fourth Edition includes finding lists and detailed chapter contents, appendices of Restatement material, extensive quotations from court cases, and cross references to other titles in the State-by-State Survey series. It also contains incisive discussions of various other critical issues, including recognizing a cause of action for breach of the employee duty of loyalty; distinguishing what damages are available for breach of the employee duty of loyalty; and knowing if a claim for breach of the employee duty of loyalty preempted the Uniform Trade Secrets Act?

Employee Duty of Loyalty, 4th Edition

ABA Section of Labor and Employment Law

Brian M. Malsberger

In the 2009 Supplement to Covenants Not to Compete you ll find a number of invaluable updates and new information on critical subjects. For example, throughout 2008, courts all across the United States resolved a number of questions of first impression that have a substantial and direct bearing on the enforceability of covenants not to compete in the nation today.In addition, the 2009 Supplement identifies and discusses issues with respect to which there are significant splits of authority across the states, including whether the mere leasing of property to a competitor violates the terms of a noncompete clause where the clause fails to include language specifically prohibiting such action.

Covenants Not To Compete, 6th Edition, 2009 Supplement

Business & Money

ABA Section of Labor & Employment Law

Education & Reference

In the 2009 Cumulative Supplement to Trade Secrets: A State-by-State Survey, Third Edition you ll find analysis of a number of issues critical to trade secret practice across the nation, including whether the execution of a trade secret nondisclosure clause can be relevant to a determination of whether particular information constitutes a trade secret under Iowa law.Whether access to trade secrets or other confidential information constitutes good consideration for a covenant not to compete under Montana law.Whether the inevitable disclosure doctrines are available under New York, Ohio, or South Carolina law.The effect proof of a defendant s ability to use the plaintiff s trade secrets can have on irreparable injury determinations and, in turn, on injunctive relief analysis under Rhode Island law.The effect proof of a breach of a noncompetition covenant has on requests for exemplary damages for willful and malicious violations of the Rhode Island trade secrets statute.

Trade Secrets: A State-by-State Survey, 3rd Ed, 2009 Supplement

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