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…
Blog Archives
Asset Buyer Can’t Enforce Employee Nonsolicitation Covenants
Posted in nonsolicitation of employees and customers, nonsolicitation of former customers Tagged with: Business acquisitions, Customer Solicitation, Employee Contracts, Employee Non-solicitation, Enforceability of Non-solicitation Agreements, Mergers and Acquisitions, N.D. Oklahoma Court, Non-assignable Agreements, Noncompete Provisions, Oklahoma Law, TruGreen Limited Partnership v. Oklahoma Landscape Inc.
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: 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
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…
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…
Recent Comments