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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 concludes that seller of business did not breach implied obligation to not solicit former customers

Seller develops, markets, and sells a variety of over-the-counter and prescription medications. Seller’s Owner owns Seller and is Seller’s CEO, president and secretary. Buyer entered into the asset purchase agreement with Seller. Pursuant to the asset purchase agreement, Buyer paid approximately

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

Buyer of stock of title and escrow company can enforce noncompete and nonsolicitation provisions in target’s employment agreements

Target was a title and escrow company located in West Jordan, Utah (greater Salt Lake City area). Target’s Manager and Target’s COO/general counsel signed employment agreements with Target. Target’s Manager’s employment agreement, executed in August 2003, stated that she would

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

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