News & Analysis as of

Restrictive Covenants › Non-Compete Agreements › Purchase Agreement

Mintz

Restrictive Covenants in Private Equity Transactions

Mintz on

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Amundsen Davis LLC

The Impact of Indiana’s Restrictions on Physician Non-Compete Agreements

Amundsen Davis LLC on

Recent Indiana legislative sessions have limited the ability of health care entities to enter non-compete agreements with physicians, and the impact of that legislation is starting to be seen. By way of background, prior...more

MoFo Employment Law Commentary (ELC)

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

MoFo Employment Law Commentary (ELC) on

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

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

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Hogan Lovells

Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent...

Hogan Lovells on

In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

Burr & Forman on

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

Burr & Forman

Non-Competes in the Employment Context Revisited

Burr & Forman on

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

Parker Poe Adams & Bernstein LLP

S.C. Supreme Court Says 150-Mile Radius Reasonable for Sale of Business Noncompete

Parker Poe Adams & Bernstein LLP on

South Carolina courts evaluate the enforceability of noncompete provisions executed in the employment context and in connection with the sale of businesses under the same reasonableness test. To be enforceable in South...more

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

Rhode Island Court Gives Assignability of Employee Non-Competes a Haircut

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

Last month, a Rhode Island trial court held that a hairdresser’s noncompetition agreement with the salon for which she had been working, which sold its assets to a successor salon, was not transferable to the successor...more

Seyfarth Shaw LLP

Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities

Seyfarth Shaw LLP on

A Texas Court of Appeals affirmed a summary judgment last month in favor of an ex-employee declaring that a noncompete clause in an asset purchase agreement and separate noncompete agreement did not bar him from competing...more

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Rewrites Geographic Territory of Non-Compete in Business Purchase Agreement

Parker Poe Adams & Bernstein LLP on

When it comes to non-compete agreements, North Carolina is a “blue pencil” state. This is a legal term meaning that when faced with an agreement that is overbroad or unreasonable when applied to the particular circumstances...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide