News & Analysis as of September 19, 2024

Non-Compete Agreements › Sale of Assets

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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 -

M&A 101: Basic Considerations in Transaction Negotiations

Nutter McClennen & Fish LLP on 5/10/2019

Q: What are the key considerations related to any deal structure? There are four: tax effects, transfer of liability, third party consents, and shareholder approval. Tax effects from transactions can be complex and are...more

Seventh Circuit Finds Five-Year Sale-of-Business Noncompete Agreement Valid

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/27/2017

In E.T. Products, LLC v. D.E. Miller Holdings, Inc., the Seventh Circuit Court of Appeals recently held that noncompete agreements signed by sellers of a business were enforceable under Indiana law, but the sellers did not...more

The Chicago Cubs, Errors, and Arbitration of Florida Non-Compete Agreements

Burr & Forman on 10/23/2015

Some clients prefer to resolve disputes in arbitration. In theory, an arbitration proceeding can more quickly and — in some instances — more cost effectively resolve disputes. However because most arbitration clauses call for...more

Sharpening the Blue Pencil: NC Court of Appeals Allows Buyer and Seller to Authorize Trial Court Reformation of Non-Competes...

Williams Mullen on 8/27/2014

With its split decision in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No. COA14-185), the North Carolina Court of Appeals has created a new question about the universal application of...more

What Happens To A Covenant Not To Compete Upon The Sale Of A Business?

Brooks Pierce on 2/17/2014

Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly....more

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