Blog Archives

Asset Buyer Can’t Enforce Employee Nonsolicitation Covenants

Learn about a recent case in Oklahoma where a federal court refused to enforce certain employee non-solicitation post-employment covenants during an asset acquisition. Understand the importance of complying with local laws when implementing non-solicitation agreements in M&A deals to prevent

Posted in nonsolicitation of employees and customers, nonsolicitation of former customers Tagged with: , , , , , , , , , ,

How a Fraud Carve-Out Protected a Buyer’s Employee Non-Solicitation Claim in an M&A Deal

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

Posted in boilerplate provisions, fraud carveout, hiring seller's employees, nonsolicitation of employees and customers Tagged with: , , , , , , , , , , , , ,

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: , , , , , , , , , ,

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: , , , , , , , , , , , ,

Navigating Noncompete Challenges in Stock Acquisitions: A Cautionary Tale

Explore the intricate dynamics of safeguarding key talent in M&A through this cautionary tale of a stock acquisition. Delve into the nuances revealed in a pivotal case from October 9, 2018, shedding light on the impact of stock acquisitions on

Posted in asset vs stock deal, covenant not to compete, nonsolicitation of employees and customers Tagged with: , , , , , , , , , , , , , ,

Recent Comments