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Non-Compete Agreements › Restrictive Covenants › Mergers

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Mintz

[Podcast] Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

Mintz on

Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

Brownstein Hyatt Farber Schreck

Colorado Changes Noncompete Statute Again

Brownstein Hyatt Farber Schreck on

In the recently adjourned legislative session, Colorado lawmakers passed substantial changes to the state’s noncompete law. SB 83, if enacted, is poised to have a significant impact on the state’s health care industry and...more

Epstein Becker & Green

2025 Picks Up Steam with Increased Scrutiny of Health Care Transactions and Corporate Structures

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A new year brings about new legislation. Given the recent trend of health care transactions coming under increased scrutiny at the state level, EBG has released its map summarizing states that already have laws...more

Troutman Pepper Locke

Navigating Restrictive Covenants in Private Equity — PE Pathways Podcast

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PE Pathways, hosted by attorneys from our Private Equity practice, is a podcast series where experienced dealmakers share their thoughts on current private equity and M&A trends and developments. Stay informed about the...more

Baker Botts L.L.P.

Competition Currents: Summer's Hottest Headlines and Future Forecast

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Tucker Arensberg, P.C.

UPMC/Washington Health System Merger Agreement Limits Non-Competes

Tucker Arensberg, P.C. on

The Press has announced that the Merger Agreement between UPMC and Washington Health System was approved by the Pennsylvania Attorney General with certain conditions, one of which was that UPMC would honor existing employment...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

Morgan Lewis - ML Benefits on

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

Foley & Lardner LLP

A Snapshot Of The Evolving Restrictive Covenant Landscape

Foley & Lardner LLP on

In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law. It seems that new precedent emerges on this topic week after week, leaving employers and deal-makers alike concerned...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Skadden, Arps, Slate, Meagher & Flom LLP on

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Bass, Berry & Sims PLC

2024 Healthcare Private Equity Outlook & Trends

Bass, Berry & Sims PLC on

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

Latham & Watkins LLP on

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Latham & Watkins LLP

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on

It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Snell & Wilmer

Blue Pencils Down: The Recent Delaware Non-Compete Case Trifecta

Snell & Wilmer on

Over the past six months, the Delaware Court of Chancery has issued a series of decisions narrowing the scope of permissible non-compete agreements, while declining to “blue pencil” those provisions to render them...more

Flaster Greenberg PC

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

Flaster Greenberg PC on

This article originally ran in Law360 on February 10, 2023. All rights reserved.  As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more

Nutter McClennen & Fish LLP

M&A in Brief: Q2 2023

Nutter McClennen & Fish LLP on

Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v....more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

Eversheds Sutherland (US) LLP on

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

Verrill on

As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q3 2022

Benesch on

Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s...more

Sheppard Mullin Richter & Hampton LLP

Buyer (and Seller) Beware: The FTC Is and Will Come for Your M&A Non-Competes

Sheppard Mullin Richter & Hampton LLP on

Since President Biden’s July 2021 direction to the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Compete Agreements: Increased Litigation on the Backside of the "Great Resignation"

Mitchell, Williams, Selig, Gates & Woodyard,... on

Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more

Venable LLP

Trio of 2021 New York Decisions Sharpens the Focus of Restrictive Covenants in M&A

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A trio of decisions from the New York state and federal courts in 2021 provided a helpful snapshot of several important factors that courts in New York consider when analyzing noncompetition agreements. Historically, courts...more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

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