TRADE SECRETS A STATE-BY-STATE SURVEY

NEW
SUPPLEMENT!
TRADE SECRETS:
A STATE-BY-STATE
SURVEY, FOURTH EDITION,
WITH 2012 SUPPLEMENT
By Brian M. Malsberger
Board of Review Associate Editors:
David J. Carr, Arnold H. Pedowitz, and Eric Akira Tate
Committee on Employment Rights and Responsibilities
ABA Section of Labor and Employment Law
> > > > > > > > > > >
ALSO INSIDE:
• Covenants Not to Compete: A Stateby-State
Survey, Eighth Edition
• Drafting and Enforcing Covenants
Not to Compete, with 2012
Cumulative Supplement
• Employee Duty of Loyalty: A Stateby-State
Survey, Fourth Edition,
with 2012 Cumulative Supplement
FREE
30-DAY
REVIEW
Order online at
www.bna.com/
bnabooks
and save 10%!
• Employment at Will: A State-by-State Survey
• Tortious Interference in the Employment Context: A State-by-State
Survey, Third Edition, with 2012 Cumulative Supplement

2011/2 Volumes/2,944 pp.
Hardcover with 2012
Supplement
Order #9102P/$585.00
2012 Supplement alone:
ISBN 978-1-61746-102-6
Order #2102/$275.00
NEW SUPPLEMENT!
TRADE SECRETS: A STATE-
BY-STATE SURVEY, FOURTH
EDITION, WITH 2012 SUPPLEMENT
By Brian M. Malsberger
Board of Review Associate Editors:
David J. Carr, Arnold H. Pedowitz, and Eric Akira Tate
Committee on Employment Rights and Responsibilities
ABA Section of Labor and Employment Law
IN-DEPTH ANALYSIS of each state’s
statutory and common law protection of
trade secrets
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Trade Secrets: A State-by-State Survey, Fourth Edition
provides authoritative, in-depth analysis of each state’s
statutory and common law protection of trade secrets
and other confidential business information, both within and outside the
employment context.
The Fourth Edition includes expanded discussion of:
> > The inevitable disclosure doctrine
> > The types of information granted or denied trade secret protection under the
various Uniform Trade Secrets Acts
> > The availability of injunctive relief and damages
The treatise also addresses several issues as specific Additional Topics, including:
amendments to complaint, consolidation, conspiracy, conversion, declaratory
judgments, default judgments, directed verdicts, evidence (circumstantial), first-filed
rule, forum selection clauses, gist of the action doctrine, interrogatories, supplemental
jurisdiction, litigation privilege, ownership versus possession, questions of law, and
sanctions. It also contains expanded discussions of the inevitable disclosure doctrine
and important cross-references to other titles in the State-by-State Survey Series.
The 2012 Supplement provides detailed analysis on:
> > Types of information found to constitute a trade secret
> > The inevitable disclosure doctrine
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
Summary of Contents
Each State Chapter Addresses:
State’s Definition of “Trade Secret”
Courts’ Interpretations Under the Statute, Uniform Trade Secrets Act, or Common
Law
Policy Considerations Recognized by Courts
Evidence Establishing the Elements of a Trade Secret and of a Misappropriation
Claim
Courts’ Justifications for Denial of Protection
Types of Information Granted Trade Secret Protection
Types of Relief Granted for the Misappropriation of Trade Secrets
Level of Protection for “Proprietary Information”
References to Law Review Articles/Other Publications
Visit www.bna.com/bnabooks/tss for more detailed information.
FREE 30-DAY REVIEW:
Order online at www.bna.com/
bnabooks and save 10%!

2012/3 Volumes
Approx. 8,000 pp. Hardcover
ISBN 978-1-61746-043-2
Order #2043/$695.00
NEW EDITION!
COVENANTS NOT TO
COMPETE: A STATE-BY-
STATE SURVEY,
EIGHTH EDITION
By Brian M. Malsberger
Board of Review Associate Editors:
David J. Carr, Arnold H. Pedowitz, and Eric Akira Tate
Committee on Employment Rights and Responsibilities
ABA Section of Labor and Employment Law
GET DETAILED GUIDANCE on the
statutory and common law limits of
covenant enforceability
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
This respected and authoritative three-volume treatise delivers the information practitioners need
to analyze, draft, and confidently litigate covenants not to compete and other restrictive covenants
in the employment, partnership, franchise, license, and sale-of-business contexts.
Courts all across the United States have resolved a number of questions of first impression
that have a substantial and direct bearing on the enforceability of covenants not to compete
in the nation today. Covenants Not to Compete: A State-by-State Survey discusses these
decisions and identifies issues with significant splits of authority across the states, including
whether the mere leasing of property to a competitor violates the terms of a noncompete
clause where the clause fails to include language specifically prohibiting such action.
Additional Topics at the end of relevant chapters address hundreds of make-or-break
issues, including:
> > Context characterization: service agreement versus employment context
> > Effect of dissolution of employer
> > Grace periods to cure breach not presumed
> > Effect of entering into covenant in individual capacity
This treatise also addresses questions of first impression concerning new state statutes that
limit the enforceability of covenants not to compete executed by employees in the broadcasting
industries, and contains expanded analysis of covenant-protectable interests in both actual and
potential customer relationships. Other topics discussed in detail include effect of abandonment
of a particular line of business, as well as the effect of abandonment of customers; judicial
modifiability, restrictions involving physicians and other health care professionals; and much more.
The new Eighth Edition is an indispensable reference providing insight and guidance on
covenant enforceability. Important updates include expanded discussions of:
> > Temporal and geographic limits of enforceable covenants not to compete
> > Assignability of noncompetition covenants
> > Consideration required to support a covenant executed well after the commencement
of employment
> > Protectable interests
> > Remedies available for covenant breach, including injunctive relief and damages
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
Summary of Contents
Each State Chapter Addresses:
State Statutes Governing Enforceability, Employer’s Protectable Interests, Proof of Existence
of a Covenant, Consideration Issues, Courts’ Power to Modify the Covenant, Obtaining
a Preliminary Injunction, Establishing Irreparable Harm, Standard of Review on Appeal,
Enforceability After Firing, Period of Injunction, Damages an Employer May Recover,
Liquidated Damages Clauses, Choice of Law Rules, References to Law Review Articles/
Other Publications, and Illustrative Cases
The treatise also contains a comprehensive review of the law on such topics as:
Ambiguity, Anticipatory Repudiation, Arbitration, Assignment, At-Will Employees, Attorney’s Fees,
Bankruptcy, Change in Employee’s Work Territory, Corporate Practice of Medicine Doctrine,
Effect of Employer’s Breach, Extension-of-Time Provisions, Independent Contractors, Inevitable
Disclosure Doctrine, Malpractice, Physicians, Prospective Versus Actual Customers, Selective
Enforcement, Statute of Frauds, Statute of Limitations, and Termination for Refusal to Sign
The treatise also includes a highly detailed Table of Cases and six information-rich
indexes of occupations, industries, and transactions at issue.
Visit www.bna.com/bnabooks/cnc for more detailed information.

2009/2 Volumes/3,664 pp.
Hardcover with 2012
Cumulative Supplement
Order #9054P/$595.00
2012 Cumulative
Supplement alone:
ISBN 978-1-61746-054-8
Order #2054/$240.00
NEW CUMULATIVE SUPPLEMENT!
EMPLOYEE DUTY OF
LOYALTY: A STATE-BY-
STATE SURVEY, FOURTH
EDITION, WITH 2012 CUMULATIVE
SUPPLEMENT
By Brian M. Malsberger
Stacey A. Campbell, David J. Carr, and Arnold H.
Pedowitz, Associate Editors
Committee on Employment Rights and Responsibilities
ABA Section of Labor and Employment Law
EASY ACCESS to explanations of causes
of action, procedural issues, leading cases,
and emerging trends for all 50 states and the
District of Columbia
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Reflecting the rapid expansion of litigation concerning the
application of the employee duty of loyalty, Employee Duty of Loyalty: A Stateby-
State Survey, Fourth Edition is a meticulously researched reference detailing,
by state, the recognition and understanding of this body of law, including prohibited
and permitted conduct; litigation issues; and the availability of injunctive relief,
damages, and defenses.
Unique among titles on the subject, the Fourth Edition provides up-to-date analysis, by
state, of conduct that breaches and conduct that does not breach the employee duty
of loyalty. Extensive discussions of state law, broken out by category of employee—from
“mere employees” to “officers and directors”—show the reader how the duty of loyalty is
applied depending on the level of responsibility an employee has within an organization.
This two-volume treatise also explores various other critical issues, including:
> > Has a cause of action for breach of the employee duty of loyalty been recognized?
> > What damages are available for breach of the employee duty of loyalty?
> > Is a claim for breach of the employee duty of loyalty preempted by the
Uniform Trade Secrets Act?
Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition includes
Finding Lists and detailed chapter contents, appendices containing relevant
Restatement excerpts, extensive quotations from the case law, and cross-references
to other titles in the State-by-State Survey Series. This excellent, easy-to-scan,
question-and-answer reference is the premier resource available on how each state
addresses the employee duty of loyalty.
The 2012 Cumulative Supplement, current through December 2011, provides
updates on and expands the discussion of:
> > Various types of conduct found to breach the duty of loyalty
> > Available defenses
> > Relief available for breaches
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
Summary of Contents
Each State Chapter Addresses:
How the State Defines Protectable Interests of
Employers
Procedural Issues
Duty of Employee to Disclose Information,
Corporate Opportunities, or Conflicts of
Interest to Employer
Prohibition Against Solicitation of the Employer’s
Customers, Accounts, or Employees
Limitations on Competition by Employee During
and After Employment
Prohibition Against Use of Employer’s
Proprietary Information
Prohibition Against Taking Kickbacks and Bribes
Remedies
Injunctive Relief
Employee Defenses
Distinctions Among Categories of Employees
Illustrative Cases
Law Review Articles/Other Publications
Visit www.bna.com/bnabooks/edol for more detailed information.

2010/1,644 pp. Hardcover
with 2012 Cumulative
Supplement
Order #9101P/$490.00
2012 Cumulative
Supplement alone:
ISBN 978-1-61746-101-9
Order #2101/$210.00
NEW CUMULATIVE SUPPLEMENT!
TORTIOUS INTERFERENCE
IN THE EMPLOYMENT
CONTEXT: A STATE-BY-
STATE SURVEY,
THIRD EDITION, WITH 2012
CUMULATIVE SUPPLEMENT
By Brian M. Malsberger
Board of Review Associate Editors:
Stacey A. Campbell, Arnold H. Pedowitz, and David J. Carr
Committee on Employment Rights and Responsibilities
ABA Section of Labor and Employment Law
GET COMPREHENSIVE, UP-TO-DATE
COVERAGE of critical tortious interference
issues in the competitive-employment context
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Tortious Interference in the Employment Context: A State-by-State Survey, Third
Edition examines business-versus-business suits, as well as suits brought by former
employees against employers. The treatise provides comprehensive coverage of the issues
that arise regarding competition in the employment context on a state-by-state basis in an
easy to use, question-and-answer format.
Two main types of actions analyzed in Tortious Interference in the Employment Context
are: where there is a contract, tortious interference with that contract; and where there
is no contract or the contract is unenforceable, tortious interference with commercial
relationships or with prospective economic advantage/expectancies.
Using a uniform outline, the treatise examines—for each state—the elements of these
two causes of action, the defenses that may be successfully raised, and the types of
relief available.
The 2012 Cumulative Supplement contains expanded discussion of:
> > Conduct found to constitute tortious interference
> > Defenses
> > Relief available for tortious interference
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
Summary of Contents
Each State Chapter Addresses:
Elements of a Former Employer’s Claim Regarding Recruiting or Hiring an Employee with
a Restrictive Covenant:
• Interference with the Covenant
• Interference with Commercial Relationships or Prospective Economic Advantage/
Expectancies
Claims for Interference Involving the Restrictive Covenant Itself:
• Claims Against the New Employer Where the Employment Was At Will
• Claims Where the Employment Was for a Definite Term
• Defenses to Claim
• Relief Available to Former Employer
• Similar Claims Recognized by States
Common Issues:
• Hiring Measures by a New Employer for Screening Applicants with Restrictive
Covenants
• Practical Advice to a Company Considering Hiring Such an Applicant
• Indemnification
• Personal Liability of Individual Officers or Employees of Former Employer for Interference
Law Review Articles/Other Publications
Visit www.bna.com/bnabooks/tic for more detailed information.

2009/554 pp. Hardcover
with 2012 Cumulative
Supplement
Order #9048P/$465.00
2012 Cumulative
Supplement alone:
ISBN 978-1-61746-048-7
Order #2048/$215.00
NEW CUMULATIVE SUPPLEMENT!
DRAFTING AND
ENFORCING COVENANTS
NOT TO COMPETE,
WITH 2012 CUMULATIVE
SUPPLEMENT
By M. Scott McDonald and Jacqueline Johnson Lichty
Littler Mendelson P.C.
A STEP-BY-STEP GUIDE for the effective use
of restrictive covenants to guard against unfair
competition and intellectual property loss
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Drafting and Enforcing Covenants Not to Compete, with 2012
Cumulative Supplement provides detailed guidance on confidentiality and nondisclosure
agreements, invention and copyright assignments, computer use limitations, garden leave,
forfeitures and clawbacks, nonsolicitation covenants, trade secret enforcement, and many
other options in addition to in-depth coverage of covenants not to compete.
The treatise presents users with a wide variety of contractual options and enforcement
strategies with a highly practical approach that begins by focusing on the drafting
process and on particular substantive choices, language options, and supporting
authority for alternative approaches, and then moves on to the enforcement stage
by providing a useful checklist of enforcement issues to consider from both the
prosecution and defense perspectives.
The 2012 Cumulative Supplement includes a new chapter on State Specific Drafting &
Enforcement Concerns that helps identify states with truly unusual requirements regarding
restrictive covenants, and how to address those requirements; analysis of how the
National Labor Relations Board’s evolving position on employer-imposed confidentiality
and social media restrictions requires changes to many commonly used confidentiality and
nondisclosure agreements as well as other covenants; and suggestions on how to adjust
contract provisions and enforcement efforts in light of new state law developments in New
Hampshire, Georgia, and elsewhere.
Visit www.bna.com/bnabooks/dec for more detailed information.
> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >
2011/1,318 pp. Hardcover
ISBN 978-1-57018-927-2
Order #1927/$355.00
EMPLOYMENT AT WILL:
A STATE-BY-STATE SURVEY
Melinda J. Caterine, Editor-in-Chief
Employment Rights and Responsibilities Committee
ABA Section of Labor and Employment Law
GET DETAILED ANALYSIS of state law causes
of action for wrongful termination
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
This addition to the State-by-State Survey Series provides a
detailed analysis of state law causes of action for wrongful
termination, prepared by experts in each jurisdiction under
the auspices of the Employment at Will Subcommittee of the
Employment Rights and Responsibilities Committee of the ABA
Section of Labor and Employment Law.
A reformulation of the prior title Employment Termination: Rights and Remedies, this
treatise provides a comprehensive analysis of the many exceptions to employment at
will recognized by the courts, including both contract and tort theories as well as related
statutes and a discussion of burdens of proof, just cause, disclaimers, and damages.
Like the other surveys, this treatise utilizes the same set of topics for each state to
facilitate a comparative view across states as well as to allow for research on an
individual state. The Finding List by Question by State facilities such research.
Visit www.bna.com/bnabooks/emp3 for more detailed information.

START YOUR FREE 30-DAY REVIEW!
Call 1.800.960.1220, go to www.bna.com/bnabooks, or
use the attached postage-paid order form.
NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNITED STATES
BUSINESS REPLY MAIL
FIRST-CLASS MAIL PERMIT NO. 10089 WASHINGTON DC
POSTAGE WILL BE PAID BY ADDRESSEE
Bloomberg BNA
Book Division
PO Box 7814
Edison NJ 08818-9856
ABOUT THE AUTHOR AND EDITORS of the State-by-State
Survey Series
Brian M. Malsberger, a Bloomberg BNA Senior Editor, Arlington, VA, is the author
of Covenants Not to Compete: A State-by-State Survey, Eighth Edition; Employee
Duty of Loyalty: A State-by-State Survey, Fourth Edition; Tortious Interference in the
Employment Context: A State-by-State Survey, Third Edition; and Trade Secrets: A
State-by-State Survey, Fourth Edition.
Stacey A. Campbell is a shareholder at Littler Mendelson P.C. in Denver, CO.
David J. Carr is a partner in the Labor and Employment Law section of Ice Miller LLP,
Indianapolis, IN.
Melinda J. Caterine is a partner at the New England office of Fisher & Phillips LLP, a
national labor and employment firm representing management.
Arnold H. Pedowitz practices plaintiff-side employment law in New York, NY.
Eric Akira Tate is a partner at Morrison & Foerster LLP, San Francisco, CA, and
serves as co-chair of the firm’s Employment and Labor Practice Group.
ABOUT THE AUTHORS of Drafting and Enforcing Covenants
Not to Compete
M. Scott McDonald is office managing shareholder and serves on the board of
directors at Littler Mendelson P.C. in Dallas, TX.
Jacqueline Johnson Lichty is a shareholder at Littler Mendelson P.C. in Dallas, TX.

5
EASY
WAYS
TO ORDER
web: www.bna.com/bnabooks
email: books@bna.com
call: 1.800.960.1220
WEB
ORDERS
10% OFF!
fax: 1.732.346.1624
mail: Bloomberg BNA
Book Division
PO Box 7814
Edison, NJ 08818-7814
Please refer to the Priority Code on the order form when placing your order.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
YOUR 30-DAY GUARANTEE
If you’re not completely satisfied with your order, simply return it within
30 days of receipt for a full refund or cancellation of all charges.
Please note: If a method other than UPS Ground is requested for shipping (overnight, etc.), Bloomberg BNA
will not refund shipping costs. Books purchased as sets must be returned as sets.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
BLOOMBERG BNA STANDING ORDERS
By choosing Standing Order, you know that you will always be equipped with the most current information available
from Bloomberg BNA treatises. As soon as a new supplement or edition is published for a title (usually annually)
you’ve previously purchased, we’ll automatically ship it to you to review for 30 days without obligation. During this
period, you can either honor the invoice or return the book(s); your invoice will be cancelled upon receipt of the
book(s) in the warehouse. It’s as simple and easy as that. Most importantly, you never have to worry or wonder
about the timeliness of the information you’re relying on. Standing Order status offers convenience, assurance, and
confidence—isn’t this the right choice for you?
(Please note: Discounts cannot be combined. The packaged pricing of bundled titles is already discounted and
cannot be combined with any other discounts.)
*To protect your credit card information, please put this order form in an envelope if ordering by credit card.
4109_TS12
Bloomberg BNA
Book Division
1801 S. Bell Street
Arlington, VA 22202
30-DAY FREE-TRIAL CERTIFICATE
■ YES! Send me the following title(s) for 30 days, risk
free at the price(s) below, plus applicable sales tax and
shipping/handling.
QTY. ORDER# TITLE PRICE
____ 2043 Covenants Not to Compete: A State-by-State $695.00
Survey, Eighth Edition
____ 9048P Drafting and Enforcing Covenants Not to $465.00
Compete, with 2012 Cumulative Supplement
____ 2048 2012 Cumulative Supplement alone $215.00
____ 9054P Employee Duty of Loyalty: A State-by-State $595.00
Survey, Fourth Edition, with 2012 Cumulative
Supplement
____ 2054 2012 Cumulative Supplement alone $240.00
____ 1927 Employment at Will: A State-by-State Survey $355.00
____ 9101P Tortious Interference in the Employment Context: $490.00
A State-by-State Survey Third Edition, with
2012 Cumulative Supplement
____ 2101 2012 Cumulative Supplement alone $210.00
____ 9102P Trade Secrets: A State-by-State Survey, Fourth $585.00
Edition, with 2012 Supplement
____ 2102 2012 Supplement alone $275.00
PAYMENT OPTIONS
■
■
I have enclosed cost of book(s), applicable sales tax, and shipping/
handling of $15 first volume, $8 each additional volume.
Make check payable to BNA.
Total $________________________
Charge my: ■ MasterCard ■ VISA ■ American Express
CREDIT CARD NUMBER *
EXPIRATION DATE 3- OR 4-DIGIT
SECURITY CODE
SIGNATURE
■
Bill me cost of book(s), applicable sales tax, and actual shipping/
handling. P.O.# (if available) _____________
EMAIL ADDRESS TELEPHONE
Future editions/updates will be sent as changes warrant (usually annually),
always on your 30-day approval (government accounts excepted). During
this period, you can either honor the invoice or return the book(s); your
invoice will be cancelled upon receipt of the book(s) in the warehouse. If
you do not wish this upkeep service, please sign below and check here: ■
SIGNATURE
Thank you for your order!