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Employment Contract › Corporate Sales Transactions

Shook, Hardy & Bacon L.L.P.

Colorado Clarifies Limits on Noncompetes in Business Sale Arrangements

Shook, Hardy & Bacon L.L.P. on

By statutory law, Colorado has generally prohibited restrictive agreements except for specific exemptions. More recent legislation provides greater clarity and specificity as it relates to restrictions on noncompetition...more

Ballard Spahr LLP

FTC Webinar Provides Additional Guidance on Final Rule Banning Noncompete Agreements

Ballard Spahr LLP on

As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more

Seyfarth Shaw LLP

Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Seyfarth Shaw LLP on

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or...more

Williams Mullen

Are Your Non-Competes Still Valid? A Summary of the New Federal Trade Commission Rule

Williams Mullen on

On April 23, 2024, the Federal Trade Commission (FTC), pursuant to sections 5 and 6(g) of the Federal Trade Commission Act (the “Act”), issued their final “Non-Compete Clause Rule” (Rule). This Rule provides that non-competes...more

Latham & Watkins LLP

FTC Issues Final Rule to Ban Most Non-Competes

Latham & Watkins LLP on

The Final Rule declares most non-competes an unfair method of competition, in violation of Section 5 of the FTC Act. In its April 23, 2024, open meeting, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule...more

BakerHostetler

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

BakerHostetler on

The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...more

Nelson Mullins Riley & Scarborough LLP

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

Nelson Mullins Riley & Scarborough LLP on

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts High Court Clarifies Standards for Judicial Review of Anti-Raiding Provisions in Restrictive Covenants

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business -...more

Morgan Lewis

La Loi Macron est entrée en vigueur: beaucoup de bruit pour pas grand-chose?

Morgan Lewis on

Cette loi apporte des ajustements mais pas de bouleversements dans plusieurs pans du droit social français. Après des mois de discussions ardues, la Loi pour la croissance, l'activité et l'égalité des chances économiques...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Court Enforces Five-Year Noncompete Agreement in Connection With Sale of Business

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Employers drafting and seeking to enforce noncompete agreements struggle with structuring the temporal and geographic scope of the proposed noncompete covenant. The Texas Supreme Court has wrestled over the last few years to...more

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