Blog Archives


Court holds that Oklahoma does not permit a buyer to hold the owner of the selling company responsible under a noncompete for the competitive actions of her grandson (a non-owner of the company). M&A Stories March 23, 2023 Introduction In

Posted in enforceability of non-owner noncompete Tagged with:


Learn about the recent ruling by the Alabama Supreme Court on noncompete payments in M&A deals after the death of the seller. Discover the importance of clear terms in noncompete agreements to avoid disputes. M&A Stories May 12, 2021 Introduction:

Posted in covenant not to compete, death of seller's impact upon noncompetition payments Tagged with: , , , , , , , , , , ,

Buyer Beware: When Trust Turns Into Deceit in M&A

Explore a cautionary M&A tale of misplaced trust and its legal consequences. Learn why protective deal terms are crucial even when trust is strong. September 19, 2019 M&A Stories Introduction: In the world of M&A, sometimes good intentions can lead

Posted in covenant not to compete, fraudulent inducement, noncompetition covenant term Tagged with: , , , , , , , , , , , ,

M&A Confidentiality: Protecting Valuable Customer Data

Learn about the importance of safeguarding confidential information in M&A deals and the legal battles that can arise when confidentiality agreements are breached. M&A Stories May 9, 2019 Introduction: In the world of business acquisitions, safeguarding confidential information is paramount.

Posted in covenant not to compete, public information exclusion Tagged with: , , , , , , , , , , , , ,

Court Restricts Company Seller’s Nationwide Noncompete to 3 States

Introduction The sale of a company usually comes with its goodwill. In fact, in many cases goodwill is the crown jewel of the business. The last thing a buyer wants, is to pay top dollar for the business only to

Posted in boilerplate provisions, California, choice of law provision, Delaware, noncompete area, reformation Tagged with: , ,

Court Finds Seller Did Not Breach Implied Nonsolicitation Obligation in M&A Case

Explore a recent M&A legal case where a New York federal district court examined non-compete breaches and trademark infringement. Gain insights into non-compete obligations, the introduction of a new competing product post-closing, preliminary injunctions, and the nuanced interpretation of M&A

Posted in covenant not to compete, nonsolicitation of employees and customers, trademark infringement Tagged with: , , , , , , , , , , , ,

Employment Agreement Breach: Impact on Non-Compete Enforcement

Explore the consequences of employment agreement breaches in M&A transactions. This blog delves into a case where a company’s failure to uphold an employment contract affected its ability to enforce a non-compete clause. Learn valuable lessons for post-closing integration and

Posted in covenant not to compete, employment agreement, stock purchase agreement Tagged with: , , , , , , , , ,

Allegations of Breach in M&A Deal: Lessons from a $100 Million Case

Explore the intricate post-transaction landscape of M&A through a $100 million case involving an Atlanta-based chemical packaging company. Delve into the details of post-closing commitments, breaches, and legal implications, emphasizing the significance of post-closing covenants. M&A Stories November 21, 2018

Posted in covenant not to compete, hiring seller's employees, no kickback or bribe rep, nondisclosure agreement, trade secret misappropriation Tagged with: , , , , , , , , ,

Buyer Unable to Enforce Noncompetition Covenant in Recent M&A Case

Explore a notable M&A case where an accounting firm faced challenges enforcing a noncompetition covenant after terminating key employees. Gain insights into the legal nuances of termination for cause and the impact on noncompetition agreements. M&A Stories November 12, 2018

Posted in covenant not to compete, employment agreement, for cause termination Tagged with: , , , , , , , , , , , , ,

Enforcing Noncompetition Agreements in Business Asset Sales: A Legal Insight

Explore the legal intricacies of enforcing noncompetition agreements in M&A transactions. Delve into a recent case where a buyer’s right to enforce a non-compete clause was contested after the sale of business assets. Gain valuable insights into contract acquisition, potential

Posted in Assignment, assignment of contracts, covenant not to compete Tagged with: , , , , , , , , , , , , , , , ,

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