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Non-Solicitation Agreements › Non-Compete Agreements › Acquisitions

Mintz - Employment Viewpoints

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

Mintz - Employment Viewpoints 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

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

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

Snell & Wilmer

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

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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

Seyfarth Shaw LLP

A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

Seyfarth Shaw LLP on

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was...more

McDermott Will & Emery

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

McDermott Will & Emery on

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

Nutter McClennen & Fish LLP

M&A 101: Basic Considerations in Transaction Negotiations

Nutter McClennen & Fish LLP on

Q: What are the key considerations related to any deal structure? There are four: tax effects, transfer of liability, third party consents, and shareholder approval. Tax effects from transactions can be complex and are...more

Cooley LLP

Blog: Non-Competes for California Employees in M&A Deals: Don’t Fudge It

Cooley LLP on

Post-employment non-compete covenants are generally invalid in California, with certain limited but important exceptions like when a business or associated goodwill is sold and the buyer – as part of the deal – wants to...more

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