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Non-Compete Agreements › Buyers

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... more +
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 -
Bowditch & Dewey

Top Considerations When Preparing to Sell a Company

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Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes

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In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more

Flaster Greenberg PC

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

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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

Bass, Berry & Sims PLC

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

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Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

Balch & Bingham LLP

Private Company M&A Trends For 2023

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As interest rates increased in the second half of 2022 to levels not seen in over a decade, certain trends in deal-making began to appear. With continued uncertainty over higher interest rates and fear of economic downturn,...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

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Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Troutman Pepper

Court of Chancery Strikes Down Restrictive Covenants Designed to Protect Private Equity Investments Beyond the Target

Troutman Pepper on

Recently, the Delaware Court of Chancery issued a decision regarding restrictive covenant agreements that will likely have an immediate impact on the scope of restrictive covenants in private equity transactions. In the...more

Bradley Arant Boult Cummings LLP

Beauty (and Value) In the Eye of the Beholder: What Is My Private Company Truly Worth

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It is common for private company owners to wonder what price they would receive if their company was offered for sale. When a business owner wants to formally determine the company’s actual value in the marketplace, however,...more

McDermott Will & Emery

FTC Takes Action Limiting Overbroad M&A Non-Compete

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WHAT HAPPENED - • GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). • As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased...more

Sheppard Mullin Richter & Hampton LLP

Buyer (and Seller) Beware: The FTC Is and Will Come for Your M&A Non-Competes

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Since President Biden’s July 2021 direction to the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has...more

PilieroMazza PLLC

Mergers and Acquisitions in Healthcare: Getting Your House in Order

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Healthcare businesses represent essential transaction opportunities in the middle market. Despite the current pandemic, healthcare remains a principal area of investment; however, M&A activity has its own unique challenges...more

PilieroMazza PLLC

[Webinar] Mergers and Acquisitions in Healthcare: Getting Your House In Order - November 11th, 2:00 pm - 3:00 pm ET

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Healthcare businesses represent essential transaction opportunities in the middle market. Despite the current pandemic, healthcare remains a principal area of investment; however, M&A activity has its own unique challenges...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

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Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Parker Poe Adams & Bernstein LLP

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

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South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

Foley & Lardner LLP

Considering Selling Your Company? Tip #2: Stage Your Company

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Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Foley & Lardner LLP

Five Tips for a Successful Exit

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Any number of factors can trigger a tech company’s exit: worn-out founders, anxious investors, industry consolidation, or wild, Instagram-like success. As tech founders and executives contemplate the possibility and timing of...more

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