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Non-Competition Agreements

Treatises

Aspelund, Donald J. Employee Noncompetition Law. St. Paul: West Group, c1987- . KF3463.A97

Corbin, Arthur Linton. Corbin on Contracts. Charlottesville, VA: Lexis Publishing. KF801.C672 v. 15, sections 1385-1395

Corporate Counsel's Guide to Employment Contracts. Chesterland, Ohio: Business Laws, 1990- . KF898.C67 1990 
Chapter 2 - "Restrictive covenants" ; Appendix B - "Sample invention, nondisclosure, and noncompete agreements"

Corporate Raiding 2000: Handling, Preventing and Litigating the Theft of Corporate Employees and Information. New York : Practising Law Institute, c2000. KF3197.C67 2000

Corporate Raiding 2001: Handling, Preventing and Litigating the Theft of Corporate Employees and Information. New York : Practising Law Institute, c2001. KF3197.C67 2001

Covenants Against Competition in Franchise Agreements. Chicago: American Bar Association, 1992. KF2023.C68 1992

Covenants Against Competition in Franchise Agreements. 2nd ed. Chicago: American Bar Association, c2003. KF2023 .C68 2003

Covenants Not to Compete: A State-by-State Survey. 3rd ed. Washington, DC: Bureau of National Affairs, c2002. KF3463.Z95.C68 2002

Current Developments in Employment Law: ALI-ABA Course of Study Materials. Philadelphia, PA: American Law Institute-American Bar Association Committee on Continuing Professional Education, c1998. KF3319.C87 1998 
Vol. 3 - "Protection for an employer's investment in its key employees: recent caselaw on covenants not to compete and trade secrets," by Edward T. Ellis and Jonathan Harrison

Decker, Kurt H. Covenants Not to Compete. 2nd ed. Frederick, MD: Aspen Law & Business, 1993- . KF3463.D43 1993
Vol. 2 - "State Case Digest"

Employee Duty of Loyalty: A State-by-State Survey. 2nd ed. Washington, DC: BNA Books, c1999- . KF3197.Z95.E47 1999

Employment and Labor Law: Resource Materials. 8th ed. Philadelphia: American Law Institute-American Bar Association, c1997. KF3319.E465 1997 
Vol. 1 - "Contracts With Employees: Covenants not to Compete and Trade Secrets"

Fundamentals of Employment Law. 2nd ed. Chicago: Tort and Insurance Practice Section, American Bar Association, c2000. KF3319.F86 2000 "To Restrict or Not to Restrict--That Is the Question: Restrictive Covenants and Trade Secrets"

Individual Employment Rights Cases. Washington, DC: Bureau of National Affairs. KF3310.3.I53 See cases digested under IER 290.0601 et seq.

Individual Employment Rights Manual. Washington, DC: Bureau of National Affairs. KF3315.L32 (Labor Relations Reporter, v.9A) See sections 531:301 et seq.

Kaplan, Richard A. Trade Secrets: Protection and Remedies. Washington, DC: Bureau of National Affairs, 1999- . (Corporate Practice Series No.43-2nd) KF1414.A1.C67 No.43-2nd

Kutten, L.J. Executive and Professional Employment Contracts: The Major Legal Issues and Forms. Carlsbad, CA: Lexis Law Publishing, 1988-1998. KF898.K87 1988 
Chapter 2 - "Restrictive agreements in employment contracts"

Steele, J. Rodman. Protecting Corporate Trade Secrets. New York, M. Bender, 1989- . KF3197.S7 (Business law monographs. Intellectual property series; IP1)

Stim, Richard. Nondisclosure Agreements: Protect Your Trade Secrets and More. Berkeley, CA : Nolo, c2001. KF3197.S75 2001 (includes CD-ROM)

Trade Secrets, 2002: How to Protect Confidential Business & Technical Information. New York, Practising Law Institute, c2002. KF3197.T733 2002 
"Obtaining a non-compete injunction without a non-compete agreement," by Victoria A. Cundiff

Trade Secrets, Restrictive Covenants & Other Safeguards for Protecting Business Information. Clifton, N.J., Law & Business, 1986. KF3197.T74 1986

Williston, Samuel. A Treatise on the Law of Contracts. 4th ed. KF801.W53 1990 v.6, sections 13:4 - 13:13.

 

Forms

American Jurisprudence Legal Forms 2d. KF170.A542 v.7B 
"Employment contracts," section 99:9 [confidentiality and noncompetition agreement] ; sections 99:191-193 [nondisclosure of confidential information during employment and period after termination]

West's Legal Forms 2d. KF170.W47 v.24 Sections 5.1 et seq.

 

Minnesota Materials

The 12th Annual Upper Midwest Employment Law Institute. St. Paul: Minnesota Continuing Legal Education, c1995. MN REF KF3319.Z99MN.E5 1995 
v.1- "Drafting, using and enforcing noncompete agreements," by Robert C. Boisvert

Covenants Not to Compete in Minnesota. Eau Claire, WI : Lorman Education Services, c2001. MN REF KF3463.Z99MN.C7 2001

Current Issues in the Workplace: Briggs and Morgan's 16th Annual Labor and Employment Law Seminar. St. Paul: Briggs and Morgan, 1998 MN REF KF3319.L32 1998 
"Intellectual property, trade secrets, and non-competes"

The Do's and Don'ts of Hiring and Firing. Minneapolis: Minnesota Institute of Legal Education, 1996. MN REF KF3457.D67 1996 
"Non-compete agreements in Minnesota," by Thomas Tinkham and Stacey Fuller.

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c1997. MN REF KF3319.Z99MN.E5 1997 
v.1 - "Using and Enforcing Covenants Not to Compete," by Thomas J. Conley

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c1998. MN REF KF3319.Z99MN.E5 1998 
v.1 - "Drafting non-competition and confidentiality agreements," by Roy A. Ginsburg & Jonathan Strauss

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c1999. MN REF KF3319.Z99MN.E5 1999 
v.1 - "Trade secrets and noncompetition protections in the employment arena," Anne M. Radolinski; 
v.2 - "Using non-competition agreements to protect trade secrets & intellectual property," by J. David Jackson & Todd W. Schnell

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c2000. MN REF KF3319.Z99MN.E5 2000 
v.2 - "Survival of the fittest in a non-compete case: TROs and injunctions," Linda L. Holstein, Michael A. Rosow; "Drafting and enforcing non-competition and confidentiality agreements," Jeffrey B. Oberman, Kristin L. Boetticher

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c2001. MN REF KF3319.Z99MN.E5 2001 
v.1 - "Comparative laws: covenants not to compete, privacy and defamation in employment; and negligent hiring, retention and supervision" Ansis V. Viksnins, John A. Fabian, Neal T. Buethe; "Non-compete, confidentiality and trade secrets: trends, practices and strategies," Jeffrey B. Oberman, Kristin L. Boetticher

Employment Law Handbook. St. Paul: Minnesota Continuing Legal Education, c2002. MN REF KF3319.Z99MN.E5 2002 
v.1 - "Non-compete, confidentiality and trade secret strategies," by Jeffrey B. Oberman; 
v.2 - "What can you do once the horse is out of the barn? Stopping unlawful competition without restrictive covenants," by Ansis V. Viksnins and Mark R. Privratsky

Employment Law : Jury Persuasion and Trial Preparations. Minneapolis : Minnesota Institute of Legal Education, c2002. MN REF KF3319.Z99MN.E443 2002 
"Exit at your own risk: injunctive relief to enforce non-compete agreements," by Ronn B. Kreps

Executives and Other Key Employees. St. Paul : Minnesota Continuing Legal Education, c2001. MN REF KF898.E84 2001 
"Drafting & enforcing noncompetition, confidentiality and trade secret agreements," by Jeffrey B. Oberman

Executives and Other Key Employees. St. Paul : Minnesota Continuing Legal Education, c2002. IN PROCESS 
"Noncompete, confidentiality and trade secrets: trends, practices & strategies," by Jeffrey B. Oberman and Kristin L. Boetticher

Hiring and Firing. Minneapolis: Minnesota Institute of Legal Education, 1997. MN REF KF3457.H57 1997 
"Non-compete agreements in Minnesota," by Thomas W. Tinkham & Margaret Zverinova

Hiring and Firing. Minneapolis: Minnesota Institute of Legal Education, 1998. MN REF KF3457.H57 1998 
"Non-compete agreements in Minnesota," by Thomas W. Tinkham & Margaret Zverinova

Hiring and Firing. Minneapolis: Minnesota Institute of Legal Education, 1999. MN REF KF3457.H57 1999 
"Non-compete agreements," by Thomas Tinkham, Matthew Klein & Todd Schnell

Human Resource Management. Minneapolis: Minnesota Institute of Legal Education, 1998. MN REF KF3319.H85 1998 
"Non-compete agreements: when to use them and when they work," by Maurice W. O'Brien

Intellectual Property. Minneapolis: Minnesota Institute of Legal Education, c1995. MN REF KF2979.I57 1995 
"Copyright protection through effective work-for-hire nondisclosure, and noncompete agreements," by Bruce H. Little and Craig W. Trepanier

Intellectual Property Cases: the Most Important Practice Area in the Information Age. Minneapolis: Minnesota Institute of Legal Education, 1997. MN REF KF2979.I575 1997 
"Trade secrets and non-compete issues," by Joseph R. Kelly

Keil, Brad. Executive Employment Agreement. St. Paul: Minnesota Continuing Legal Education, 1993. MN REF KF898.K42 1993 
"Restrictive covenants: non-compete, non-disclosure, anti-raiding and shop rights agreements"

Law Firm Break-up and Transition: the Ethics. St. Paul: Minnesota Continuing Legal Education, c1996. MN REF KF306.L355 1996 
"Restrictive covenants among lawyers: agreements discouraging competition or reasonable business arrangements" by Douglas L. Elsass and Nathan P. Brenna

Law Firm Break-ups: Feudin' Fussin' and Fightin' in the '90's. Minneapolis: Minnesota Institute of Legal Education, 1996. MN REF KF306.L35 1996 
"The enforceability of attorney non-competes and financial disincentives to competition in an evolving profession," by James G. Bullard

Litigating in the Employment Arena. Minneapolis : Minnesota Institute of Legal Education, c2000. MN REF KF3464.L575 2000 
"Covenants Not to Compete: An Outline of Minnesota Caselaw," by Thomas J. Conley

Oberman, Jeffrey B. Executive Employment Agreements. St. Paul: Minnesota Continuing Legal Education, 1998. MN REF KF898.O23 1998 
"Non-compete agreements"

Oberman, Jeffrey B. Executive Employment Agreement. St. Paul: Minnesota Continuing Legal Education, c2000. MN REF KF898.O23 2000 
"Noncompete agreements"

Oberman, Jeffrey B. Employment Agreements; Executive Employment, Non-compete and Confidentiality Agreements. St. Paul : Minnesota Continuing Legal Education, c2001. MN REF KF898.O23 2001

Purchase and Sale of a Business. St. Paul: Minnesota Continuing Legal Education, c1994. MN REF KF1355.Z99MN.C66 1994b 
"Ancillary documents (noncompetition agreements, consulting agreements, nonsolicitation agreements, confidentiality agreements)," by Ellen W. McVeigh

Structuring, Maintaining and Disputing Employment Relationships. Minneapolis: Minnesota Institute of Legal Education, 1996. MN REF KF3319.S77 1996 
"Noncompete nuances," by John D. Thompson

Successful Trade Secret Protection & Enforcement Strategies. Minneapolis: Minnesota Institute of Legal Education, c1998. MN REF KF3197.S92 1998 
"Understanding the nature and protection of trade secrets and their interplay with confidentiality agreements, noncompete covenants, and related federal and state laws," by Seymour J. Mansfield, V. John Ella, Jeffrey D. Upin ; "Effective use of noncompetition and confidentiality agreements in the protection of trade secrets," by Jonathan S. Parritz

Trade Secrets. St. Paul: Minnesota Continuing Legal Education, 1998. MN REF KF3197.T734 1998
"Trade secrets and non-competition protections in employment agreements," by Anne M. Radolinski & Richard A. Ross

Trade Secrets. Minneapolis: Minnesota Institute of Legal Education, 1998. MN REF KF3197.T735 1998 
"A Litigator looks at trade secrets, confidentiality agreements, and covenants not to compete," by Seymour J. Mansfield and V. John Ella ; "Non-compete agreements," by Teresa J. Ayling ; "Panel discussion: Uh-oh! I just hired an employee that has a non-compete," by Shirley Lerner ; "Ethical issues for in-house counsel when negotiating non-competes and advising employees about existing non-competes," by Kenneth L. Jorgenson

Trade Secrets. Minneapolis: Minnesota Institute of Legal Education, 1999. MN REF KF3197.T735 1999 
"The doctrine of inevitable disclosure: who needs a covenant not to compete?" by Linda L. Holstein; "Non-competition agreements: the basics and some practical considerations," by Shirley O. Lerner

Trade Secrets. Minneapolis: Minnesota Institute of Legal Education, 2000. MN REF KF3197.T735 2000 
"Trade secrets 2000: an introduction to trade secrets, noncompetes, and confidentiality agreements," by V. John Ella, Mical R. Kapsner; "Effective use of non-competition and confidentiality agreements in the protection of trade secrets," by Jonathan S. Parritz

Trade Secrets From a Business View. St. Paul : Minnesota Continuing Legal Education, c1999. MN REF KF3197.T734 1999 
"Trade secrets & non-competition protections in employment agreements," by Anne M. Radolinski; "Nation-wide non-compete agreements and the inevitable disclosure doctrine," by James L. Forman and Gregory P. Wilken

 

Articles in Minnesota Publications

"Balancing Business Protection with Freedom to Work: A Review of Noncompete Agreements in Minnesota," by Gerald T. Laurie and David A. Harbeck. 23 William Mitchell Law Review 107 (1997)

"Contract Law: Restrictive Covenants Lacking Territorial Limits (Case Note)," by Adam Dowd. 21 William Mitchell Law Review 301 (Fall 1995)

"Employment Contracts: Covenants Not to Compete in Minnesota.," 9 William Mitchell Law Review 388 (Spring 1983)

"How Do You Compete With Non-Competes?" 71 Hennepin Lawyer 24 (March 2002)

"Litigating Covenants Not to Compete," 59 Bench & Bar 27 (April 2002) http://www2.mnbar.org/benchandbar/2002/apr02/noncompetes.htm

"Non-Compete Agreements," by Daniel J. Froehlich and Nancy J. Miller. 23 Minnesota Trial Lawyer Magazine 22 (Summer 1998)

"Should Minnesota Abandon the Per Se Rule Against Law Firm Noncompetition Agreements?"by Kenneth Engel. 23 William Mitchell Law Review 133 (1997)

 

Practice Materials

"Unreasonableness of Covenant Not to Compete," 20 Am Jur Proof of Facts 3d 705 KF8933.A4 1988

"Enforceability of Covenant Not to Compete," 8 Am Jur Proof of Facts 2d 663 KF8933.A4 1974

"Cause of Action to Enforce Anticompetition Covenant in Employment Contract," 11 Causes of Action 2d 375 KF8863.S53 1993

For pleading & practice forms, see American Jurisprudence Pleading & Practice Forms, Vol. 17A Master and Servant, Forms 175-205 KF8836.A45; v. 12B Good Will

For annotations, see ALR Index to Annotations "Covenants Not to Compete".


For Further References

Consult the HCLL Online Catalog
Conduct a Subject search:

Covenants not to compete

or

Restraint of trade

or

Trade secrets

Consult LegalTrac
Conduct a Subject search:

Non-competition agreements

Consult the Minnesota Legal Periodical Index
Conduct a Subject search:

Contracts

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