Effect of a Company Merger or Consolidation on the Enforceability of Non-Competition Agreements Under Ohio Law

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Under Ohio law there are many different factors that control whether a non-competition agreement is enforceable. Enforceability may depend on the reasonableness of the agreement, whether there is mutuality of obligation between the parties, or the industry or profession in which the agreement takes place. But are non-competition agreements still enforceable if a business consolidates or mergers with another company? This post covers a recent ruling by Ohio's First Appellate District that addresses this issue directly.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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