Kailua Kona, Hawaii
Scott has been selected to revise and update the section on Hawai’i law for the Third Edition of the American Bar Association Forum on Franchising publication entitled Covenants Against Competition in Franchise Agreements. The book analyzes statutory and case law pertaining to “non-compete agreements” on a state-by-state basis.
Franchise agreements generally contain provisions which prevent franchisees from competing against the franchised system while conducting business as a franchisee and for a period of time after the termination of the franchise relationship. Court enforcement of these provisions varies widely among the states due to differences in both the statutes and in the underlying public policy.