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Reflecting the rapid expansion of litigation concerning the application of the employee duty of loyalty, Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition serves as an excellent, easy-to-scan, question-and-answer reference on each state’s recognition and understanding of the duty of loyalty; prohibited and permitted conduct; and litigation issues, including the availability of injunctive relief, damages, and defenses. Unique from other titles on the subject, this two-volume treatise contains extensive discussions of state law, broken out by category of employee—from “mere employees” to “officers and directors”—showing the reader how the duty of loyalty is applied depending on the level of responsibility an employee has within an organization. The Fourth Edition includes finding lists and detailed chapter contents, appendices of Restatement material, extensive quotations from court cases, and cross references to other titles in the State-by-State Survey series. It also contains incisive discussions of various other critical issues, including recognizing a cause of action for breach of the employee duty of loyalty; distinguishing what damages are available for breach of the employee duty of loyalty; and knowing if a claim for breach of the employee duty of loyalty preempted the Uniform Trade Secrets Act.
Employee Duty of Loyalty: A State-by-State Survey, Fourth Edition also contains incisive discussions of 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 also addresses a number of questions of first impression, including:
- Whether all employees—including lower-level employees—owe a duty of loyalty to their employers under California law (Hanger Prosthetics & Orthotics, Inc. v. Capstone Orthopedic, Inc.)
- Whether unemployment benefits are available under Minnesota law to an employee who breaches the duty of loyalty by interfering with his employer’s customer’s contracts (Marn v. Fairview Pharmacy Services LLC)
- Whether a claim for breach of the employee duty of loyalty under Virginia law is preempted by the Uniform Trade Secrets Act (Combined Ins. Co. of Am. v. Wiest)
- Whether there is a cause of action under Utah law for inducing a breach of fiduciary duty and/or duty of loyalty (Farm Bureau Life Ins. Co. v. American National Ins. Co.)
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