Acquisitions, Non-Solicitation Agreements

A Snapshot Of The Evolving Restrictive Covenant Landscape

Foley & Lardner LLP on 4/10/2024

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

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on 9/29/2023

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

Letters of Intent – Negotiating the Framework of Your Transaction

Rivkin Radler LLP on 7/27/2023

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on 7/6/2023

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

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

Snell & Wilmer on 5/12/2023

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

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

Flaster Greenberg PC on 5/11/2023

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

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

Seyfarth Shaw LLP on 11/8/2022

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

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

Latham & Watkins LLP on 1/31/2020

M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

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

McDermott Will & Emery on 1/20/2020

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

Delaware Court Of Chancery Denies Motion To Dismiss Merger Agreement Breach Claims Even Though Defendant Paid The Contractual...

A&O Shearman on 9/17/2019

On September 9, 2019, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery denied Essendant Inc.’s motion to dismiss an action for breach of a merger agreement brought by Genuine Parts Company...more

Acquisitions › Non-Solicitation Agreements

A Snapshot Of The Evolving Restrictive Covenant Landscape

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Letters of Intent – Negotiating the Framework of Your Transaction

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

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

FTC Noncompete Ban Could Harm Buyers And Sellers In M&A

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

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

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

Delaware Court Of Chancery Denies Motion To Dismiss Merger Agreement Breach Claims Even Though Defendant Paid The Contractual...

M&A 101: Basic Considerations in Transaction Negotiations

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

Good Will Warrants Injunction Says District of New Jersey

Blog: Treatment of M&A Non-solicits and Employee Comp Diligence Under New Antitrust Guidelines

Acquisitions › Non-Solicitation Agreements

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