Covenants against Competition in Franchise Agreements

ebook

By Michael R. Gray

cover image of Covenants against Competition in Franchise Agreements

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Format

ebook

Author

Michael R. Gray

Publisher

American Bar Association

Release

24 March 2023

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Subjects

National Business Law Deskbook

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Covenants against Competition in Franchise Agreements, Fourth Edition provides a comparative analysis of this critical topic in the franchise context throughout North America. Using a consistent format, this book addresses the following issues for each jurisdiction:

  • Has the state or jurisdiction addressed covenants against competition in the context of franchising?
  • Have the courts articulated the 'legitimate interests' of the franchisor that will support enforcement of a covenant against competition contained in a franchise agreement?
  • What time limitations have courts recognized as reasonable in the franchise context?
  • What geographic limitations have courts recognized as reasonable?
  • What limitations on activities have courts recognized as reasonable in the franchise context?
  • Does the jurisdiction recognize a difference between in-term and post-term covenants?
  • Has the state allowed enforcement of covenants against non-signatories?
  • Will the jurisdiction modify, 'blue pencil' or otherwise reduce a covenant found to be overbroad?
  • When does a non-compete period begin to run?
  • Are there additional nuances or peculiarities of the jursidiction's treatment of covenants in the franchising context?

    • Format

    ebook

    Author

    Michael R. Gray

    Publisher

    American Bar Association

    Release

    24 March 2023

    Share

    Subjects

    National Business Law Deskbook
    Covenants against Competition in Franchise Agreements