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?
