The seller’s practice entered into a contract with a doctor employee who left after the closing. The seller promised in the contract to give the doctor any medical records of any patient that followed the doctor. The doctor sued the…
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TWO NONCOMPETES IN M&A DEAL: OWNER OF SELLER AND BUYER EMPLOYEE
The seller owner quits working for the buyer four years after closing and immediately goes to work for a competitor. The seller argues that a one-year post-employment noncompete in the employment agreement was not valid because two years post-closing noncompete…
FORMER SELLER EMPLOYEE’S LAWSUIT AGAINST BUYER NOT SUBJECT TO SELLER’S EMPLOYMENT AGREEMENT ARBITRATION PROVISION
Seller outside sales reps agreed to arbitration. Buyer purchased seller’s assets. Buyer hired sales reps who later sued buyer for overtime. Buyer can’t use seller arbitration provision to force sales reps into arbitration. M&A Stories February 15, 2023 Introduction In…
BUYER OF VETERINARY SURGICAL BUSINESS ASSETS ACQUIRES RESTRICTIVE COVENANTS FROM EMPLOYEE’S EMPLOYMENT AGREEMENT
The seller’s employee unsuccessfully argued that his restrictive covenants could not be assigned to the buyer without his consent. M&A Stories October 5, 2022 Introduction In the world of mergers and acquisitions, when a buyer purchases a business, they often…
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