Material Change Doctrine

News & Analysis as of

Procurement update: Flexibility for public sector development agreements?

The recent case of Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] UKSC provides useful guidance on the issue of "material change" and highlights the importance of preparing a full and clear specification prior...more

What If the Ex-Spouse Hits the Jackpot?

A couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the...more

"Broker-Dealer M&A Transactions: Toward a More Accommodating Regulatory Process"

M&A transactions involving regulated broker-dealers often require Financial Industry Regulatory Authority (FINRA) approval under NASD Rule 1017. Such approval is required for any direct or indirect acquisition by a...more

Will The Material Change Doctrine Reduce Your Ability to Enforce Your Non-Competes?

Consider this: An employee signs a perfectly reasonable non-compete/non-solicitation agreement at the inception of employment. The employee remains with the employer for ten years and during that period, receives several...more

Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an...more

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