Purchase Agreement, Selling a Business, Non-Compete Agreements

Length of Covenants Not to Compete

Kerr Russell on 8/27/2025

Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete. This article originally appeared in the August...more

Recent Non-Compete Trends: Courts Continue To Enforce Non-Competes While Politicians Seek To Narrow Them

MoFo Employment Law Commentary (ELC) on 4/6/2023

The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a bang. Whether it goes into effect, in what form, and whether the Rule will...more

Restrictive Covenants in Connection With a Sale of a Business Cannot be Overbroad

Lowenstein Sandler LLP on 11/4/2022

Business owners and transaction lawyers who view non-compete agreements as standard in connection with the sale of a business should be careful not to overreach in imposing restrictive covenants on sellers in purchase...more

What They Don’t Tell You When You Sell Your Company

Greenberg Glusker LLP on 1/12/2021

Selling your company for a huge profit sounds enticing. What could be wrong with getting a huge up-front payment at capital gain rates in lieu of years of future sweat for an uncertain return and ordinary income treatment?...more

SC body bag noncompete case exhumed, revisited

Burr & Forman on 10/23/2018

Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Non-Competes in the Employment Context Revisited

Burr & Forman on 9/17/2018

In 2016 we wrote about a non-compete decision where special referee found that a seller of a business had breached a sales agreement by violating both a non-compete covenant and an exclusive sales provision contained in the...more