Overview

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?

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9781639052257

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Michael R. Gray is a partner with Lathrop GPM in Minneapolis, Minnesota. He brings 37 years of experience representing franchisors, companies, and individuals in trial, arbitration, and other civil proceedings throughout the United States. He is lead litigation counsel for several national franchise companies and has litigated franchise and intellectual property disputes in more than 38 states. Mike served on the ABA Forum on Franchising Governing Committee for 6 years, was Finance Officer for three years and Program Co-Chair for the 2018 Forum Annual Meeting in Nashville.  Mike has written many articles and presented materials on franchise and intellectual property topics for The International Franchise Association, The American Bar Association Forum on Franchising, The Franchise Law Journal, The Practising Law Institute, and the Business Law Institute. Mike is a contributing author to the Franchise Desk Book (W. Michael Garner, editor), co-edited the third and fourth editions of Covenants Against Competition in Franchise Agreements, and co-authored Covenants Not to Compete and Nonsignatories: Enjoining Unfair Conspiracies, 25-WTR FRANCHISE L.J. 107, Winter 2006. Mike has been recognized by Chambers for his expertise in franchise law,  named as one of the ""Best Lawyers in America"" by Woodward/White, a ""Super Lawyer"" by Minnesota Law & Politics, and a ""Legal Eagle"" by Franchise Times and is listed in The International Who's Who of Franchise Lawyers. Mike is admitted to practice in Minnesota and Wisconsin as well as numerous federal district and appellate courts throughout the United States. He currently lives in Minneapolis, MN.

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