News & Analysis as of

Selling a Business Restrictive Covenants Acquisitions

Shook, Hardy & Bacon L.L.P.

Colorado Clarifies Limits on Noncompetes in Business Sale Arrangements

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

Sheppard Mullin Richter & Hampton LLP

Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements

Imagine paying millions to acquire a company only to later discover the restrictive covenants in the employment agreements of high-level executives were unenforceable. That’s precisely what happened in Intertek Asset...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

Steptoe & Johnson PLLC on

Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Baker Donelson

Delaware Invalidates a Selling Stockholder's Non-Compete Covenant: What the Kodiak Building Partners, LLC v. Philip D. Adams...

Baker Donelson on

In drafting restrictive covenants, acquiring companies should be aware that courts may not necessarily uphold, or even "blue pencil" (revise overbroad restrictive covenants), restrictive covenants imposed on sellers in an...more

Ward and Smith, P.A.

Five Things to Consider When Selling Your CBD Business

Ward and Smith, P.A. on

For many business owners, the intended exit strategy is to sell to a competitor or a larger company, thereby taking advantage of the upside on the value they have created through years of diligent and hard work building a...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Nuts and Bolts on a Management Buyout (Part 7 of 7)

In the final episode of a seven-part series for The Proskauer Benefits Brief, partners Michael Album and Josh Miller talk about employment agreements in the context of a management buyout. They go over the key terms and...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Nuts and Bolts on a Management Buyout (Part 5 of 7)

In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller are back to continue their discussion of the rights that management gets when it “rolls” old equity into new equity in the buyout vehicle...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Nuts and Bolts on a Management Buyout (Part 2 of 7)

In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss the nuts and bolts on a management buyout. As part of their discussion they highlight the different types of...more

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