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Restrictive Covenants Under Common And Competition Law
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Book Synopsis Restrictive Covenants Under Common and Competition Law by : Alexandra Kamerling
Download or read book Restrictive Covenants Under Common and Competition Law written by Alexandra Kamerling and published by . This book was released on 2004 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text shows how to draft and negotiate rent review clauses quickly and efficiently, taking into account both the requirements of the client and the impact of recent case law. The book offers practical guidance on all aspects of drafting both landlord and tenant and commercial property clauses
Book Synopsis Covenants Against Competition in Franchise Agreements by : Peter J. Klarfeld
Download or read book Covenants Against Competition in Franchise Agreements written by Peter J. Klarfeld and published by American Bar Association. This book was released on 2003 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a state-by-state analysis of covenants against competition in the franchise context, addressing how franchise covenants have been interpreted and enforced under each state's law. It allows comparative research and analysis of the subject.
Book Synopsis Covenants Not to Compete, 5th Edition by : Filipp
Download or read book Covenants Not to Compete, 5th Edition written by Filipp and published by Wolters Kluwer. This book was released on 2019-10-09 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covenants Not to Compete
Book Synopsis Employees, Trade Secrets and Restrictive Covenants by : Christopher Heath
Download or read book Employees, Trade Secrets and Restrictive Covenants written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Book Synopsis Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information by : Pascal Lagesse
Download or read book Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information written by Pascal Lagesse and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.
Book Synopsis Covenants Not to Compete by : Brian M. Malsberger
Download or read book Covenants Not to Compete written by Brian M. Malsberger and published by BNA Books (Bureau of National Affairs). This book was released on 2008 with total page 2280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Covenants Not to Compete by : Brian M. Malsberger
Download or read book Covenants Not to Compete written by Brian M. Malsberger and published by Bna Books. This book was released on 2005-01-01 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This respected and authoritative two-volume treatise gives you the critical information you need to analyze, draft, and litigate with confidence all covenants not to compete and other restrictive covenants in the employment, partnership, franchise, and sale-of-business contexts. Covenants Not to Compete: A State-by-State Survey, Fourth Edition provides an in-depth examination of the full range of covenant enforceability issues across the nation. Covenants Not to Compete: A State-by-State Survey, Fourth Edition includes a complete catalog of the temporal, geographic, and activity restrictions that have been successfully imposed - and successfully challenged - under both the governing state statutes and the common law. This invaluable resource also thoroughly addresses, by state, the types of interests that can be legitimately protected by a restrictive covenant; the types of consideration needed to support such an agreement (whether executed at the beginning of - or during - the employment relationship); the tests of enforceability; judicial approaches to modifying overbroad covenants; the availability of injunctive relief and damages; the effect of liquidated damages clauses on requests for injunctive relief; and the numerous defenses available.
Book Synopsis International Bank Insolvencies:A Central Bank Perspective by : Mario Giovanoli
Download or read book International Bank Insolvencies:A Central Bank Perspective written by Mario Giovanoli and published by Springer. This book was released on 1999-09-29 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The globalisation of the world economy poses significant challenges for policy makers, regulators and legal professionals. The Asian and Brazilian financial crises have shown that difficulties in the banking sectors of some economies can have serious repercussions across world financial markets. It is clear that a sound legal infrastructure is crucial to promote financial stability in this global market. Particularly in the case of international bank failures, the need for harmonised and effective international insolvency procedures is becoming increasingly apparent. It is against this background that the Bank for International Settlements organised a workshop on International Bank Insolvencies in the summer of 1998. This unique book presents the edited workshop papers by expert lawyers from over twenty national central banks, the European Central Bank, the Basle Committee on Banking Supervision and the UN Commission on International Trade Law. Nineteen country reports provide a comprehensive overview of central banks and other institutions responsible for banking supervision and the co-ordination between authorities involved in insolvency procedures. The authors further discuss the instruments employed for crisis prevention and resolution and issues arising in the aftermath of a bank failure in the respective jurisdictions. In addition, twelve expert papers discuss issues ranging from specific national experiences to attempts at co-operation and harmonisation at regional and international level. The book further includes in an annex the text of the UNCITRAL Model Law on Cross-Border Insolvency and the EC Finality Directive.
Book Synopsis Evolution of Competition Laws and Their Enforcement by : Pradeep S. Mehta
Download or read book Evolution of Competition Laws and Their Enforcement written by Pradeep S. Mehta and published by Routledge. This book was released on 2012 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume identifies the various country specific factors that warrant changes in the design and implementation of competition laws. It uses case studies to trace the evolution of competition regimes in countries of varying degrees of economic development, and identifies the factors that influence the pace and effectiveness of competition reforms.
Book Synopsis An Introduction to Competition Law by : Piet Jan Slot
Download or read book An Introduction to Competition Law written by Piet Jan Slot and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to serve as a first acquaintance with competition law. It aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their working lives. This second edition has been fully updated in the light of the latest developments, and covers both EU and UK competition law along with an introduction to the EU rules on State Aid. It provides insight into the combined system of EU and UK competition law, providing a broad range of examples for the three main subjects – the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (ie mergers and acquisitions). Those examples are drawn from European and UK practice. These greatly enhance the exposition of the general principles, taking into account recent legislative and judicial developments.
Download or read book Covenants Not to Compete written by and published by . This book was released on 1991 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a state-by-state assessment of post-employment restrictions through which employers seek to protect their interests by preventing former employees from entering into competitive employment.
Book Synopsis Business and Commerce Code by : Texas
Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Common Law of Restraint of Trade by : M. J. Trebilcock
Download or read book The Common Law of Restraint of Trade written by M. J. Trebilcock and published by Taylor & Francis. This book was released on 1986 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Interplay between European and National Competition Law after Regulation 1/2003 by : Lúcio Tomé Feteira
Download or read book The Interplay between European and National Competition Law after Regulation 1/2003 written by Lúcio Tomé Feteira and published by Kluwer Law International B.V.. This book was released on 2015-12-08 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.
Download or read book The Internal Market Ideal written by and published by Oxford University Press. This book was released on 2024-02-15 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Book Synopsis Trade Secrets and Employee Mobility by : Magdalena Kolasa
Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
Book Synopsis European Competition Law Annual 2001 by : Claus-Dieter Ehlermann
Download or read book European Competition Law Annual 2001 written by Claus-Dieter Ehlermann and published by Hart Publishing. This book was released on 2003-07 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Substantive remedies - 2. Procesural issues - 3. Arbitration courts - 4. Criminal sanctions.
