Explore a case study where a fraud carve-out provision played a crucial role in protecting a buyer’s interests in an M&A deal. Learn about the legal intricacies surrounding employee non-solicitation claims and exclusive remedy provisions. October 19, 2019 Introduction: Many…
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How a Fraud Carve-Out Protected a Buyer’s Employee Non-Solicitation Claim in an M&A Deal
Posted in boilerplate provisions, fraud carveout, hiring seller's employees, nonsolicitation of employees and customers Tagged with: asset purchase agreement, Breach of Covenant, Business acquisition, case reference, Employee Non-solicitation, exclusive remedy, fraud carve out, indemnification, Legal dispute, M&A, merger and acquisition, nonsolicitation covenant, Sacramento Federal Court, Trampoline Park
Employee Raiding Lawsuit: Buyer vs. Seller Employee
Explore a real case where a buyer sued a seller’s key employee over employee departures after an acquisition. Learn about the legal implications and strategies to mitigate such risks in M&A deals. October 16, 2019 Introduction: In acquisitions, a company’s…
Posted in employment agreement, hiring seller's employees, key employees of target, nonsolicitation of employees and customers, stay bonus Tagged with: Acquisition risks, asset purchase agreement, Buyer vs. seller employee, Employee raiding lawsuit, Employment agreement, Fiduciary duties, Key employee departure, M&A legal case, M&A litigation, pied piper rule, Risk mitigation strategy
Allegations were enough, if true to establish that business sellers breached their noncompetition, nonsolicitation and confidentiality covenants
Buyer is a full-service specialty contract manufacturer of automotive, household, insecticide, and pesticide aerosols, based in St. Clair, Missouri, about 50 miles southwest of St Louis. Target is a specialty chemical contract packager, which manufactures aerosols, liquids, and bag-on-valve products,…
Court battles dense asset purchase agreement language to resolve dispute over severance payments made to former seller employees
Seller is one of the world’s leading manufacturers of over-the-counter pharmaceutical products, with headquarters in Allegan, Michigan. Buyer’s parent company (a subsidiary of a Dutch multinational company) manufactures vitamin and nutritional/dietary supplements and is based in Freehold, New Jersey. Seller…
Asset buyer not liable for race discrimination claim for not hiring former seller employee because the former seller employee never had an employment relationship with buyer
This is the story of the purchase of a car dealership by a buyer who was sued for not hiring one of seller’s employees. Seller wanted buyer to take care of seller’s employees. Buyer agreed to include a provision in…
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