News & Analysis as of

Restrictive Covenants Private Equity

Mintz

Restrictive Covenants in Private Equity Transactions

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Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Stradling Yocca Carlson & Rauth

Bridging the M&A Gap: Independent Counsel and Minority Shareholder Protection

When a private company is being sold, it is necessary for its minority shareholders to be mindful of protecting their own individual interests when diverging from the controlling shareholder’s interests. Because the...more

Goodwin

Thinking Outside the Buyout: Four Factors Management Teams Need to Get Right

Goodwin on

Management teams of companies acquired by private equity (PE) firms often find themselves in a unique position. For a time, they are both selling owners and operators who will continue to run the business after the sale....more

Epstein Becker & Green

2025 Picks Up Steam with Increased Scrutiny of Health Care Transactions and Corporate Structures

A new year brings about new legislation. Given the recent trend of health care transactions coming under increased scrutiny at the state level, EBG has released its map summarizing states that already have laws...more

Benesch

Dialysis & Nephrology Digest - January 2025

Benesch on

Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more

Bass, Berry & Sims PLC

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

Latham & Watkins LLP

Infrastructure Insights - October 2023

Latham & Watkins LLP on

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

K&L Gates LLP

Emerging and Mid-Sized Managers: Preparing for the FTC's Proposal to Eliminate Non-Competes

K&L Gates LLP on

On 5 January 2023, the Federal Trade Commission (the FTC) published a proposed rule (the “Proposed Rule”) that would broadly ban companies from entering into noncompete agreements with their workers, rescind substantially all...more

Troutman Pepper Locke

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

Troutman Pepper Locke 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

BakerHostetler

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

BakerHostetler on

The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q2 2022

Benesch on

As with the first quarter of 2022, Trade Secret and Restrictive Covenant activity continues to be robust at both the state and federal level. State legislators continue to introduce, analyze and negotiate restrictive covenant...more

Blake, Cassels & Graydon LLP

Opérations transfrontalières de capital-investissement : enjeux en matière de rémunération des hauts dirigeants et d’emploi

Dans le contexte des opérations transfrontalières de capital-investissement, de nombreux enjeux propres au Canada se posent quant à la rémunération des hauts dirigeants et à l’emploi. Plusieurs de ces enjeux sont liés au...more

Blake, Cassels & Graydon LLP

Executive Compensation and Employment Considerations in Cross-Border Private Equity Deals

There are many Canadian-specific executive compensation and employment issues that arise in the context of cross-border private equity transactions. Several of these issues relate to the treatment of management’s existing and...more

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