Tuesday, February 7, 2012

The Reading List (No. 4)

If you don't learn something from this week's reading list, blame yourself.

A lot of good stuff today, which covers a wide swath of non-compete law.

First up is an excellent summary piece titled "Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law" from Seyfarth Shaw. The article is a few weeks old and takes an in depth look at key legislation, a number of state supreme court cases, and high profile jury verdicts. Though some of these topics have been the subject of my blog posts, a number of them do not appear here at all.

Next comes Russell Beck of Fair Competition Law with a January round-up covering a fair amount of ground across the United States. I can't do this justice by summarizing. Just go there, read for yourself Russell's excellent survey of new cases and developments.

The subject of broadcast non-competes is an interesting topic on which I have written before. Wiley Rein's post from December summarizes the issues very well and notes which states have legislation concerning broadcast industry employees.

Finally, on the transactional side, Business Valuation Update published an article by Gary Trugman of Trugman Valuation Associates, Inc., which provides an 11-factor checklist for valuing non-competition covenants as part of a corporate divestiture or sale of a professional practice. Trugman notes an eight-step approach to obtain a correct valuation of the covenant followed by an 11-factor checklist used to determine the economic reality of the covenant. A free copy of the Trugman article can be found on Business Valuation Resources site, though you may need to provide an e-mail address to obtain a log-in and password.

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