News & Analysis as of September 23, 2024

Non-Compete Agreements › Assignments

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

FRANCHISEE 101: Til Expiration Do Us Part

Lewitt Hackman on 3/1/2018

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/11/2017

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

The Value of a Non-compete Agreement to an Acquiring Company Can Be Limited

Burns & Levinson LLP on 4/11/2017

It is standard practice in M&A transactions for the acquired business to assign all if its contractual rights to the purchaser. While that may sound good in theory, depending upon how the underlying contracts are drafted,...more

Purchaser of Assets in North Carolina Should Not Rely on Assign Ability of Seller's Non-Compete Agreements

Parker Poe Adams & Bernstein LLP on 3/22/2017

We regularly field questions from companies in the process of an asset purchase, asking whether they can obtain an assignment of the seller’s non-competition agreements with its employees. While this question has never been...more

Protecting Company Relationships and Information Upon an Employee Departure

Smith Anderson on 10/16/2015

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

New LLC Is Not Delivered By Sale Membership Interests

Allen Matkins on 6/29/2015

Readers of this blog should be well aware of California’s general antipathy to covenants not to compete. See links below. Other jurisdictions, however, are less averse. Assuming that a covenant not to compete is...more

Is An Assigned Non-Compete Agreement Enforceable?

Burr & Forman on 7/5/2013

In the case of a merger or acquisition, the successor company might take an assignment of the current non-compete agreements in favor of the predecessor company....more

The Ohio Supreme Court Gives Teeth To Noncompete Agreements Applicable To Acquired Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/22/2012

The Ohio Supreme Court recently reversed its prior decision limiting the enforceability of non-compete agreements acquired in mergers and acquisitions. In Acordia of Ohio, L.L.C. v. Fishel (Acordia I), the Supreme Court...more

Buyer Beware

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2012

Recently, the Ohio Supreme Court issued a decision that highlighted the fact that companies cannot assume that the forms and agreements of a prior company will provide the same protections for a successor company. In Acordia...more

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Non-Compete Agreements › Assignments

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