Explore the complexities of M&A restrictive covenants in our latest blog post, “M&A Buyer’s Restrictive Covenants Tested Under Delaware Law.” This post delves into a recent case involving a strategic acquisition in the timberland management and forestry consulting industry. The…
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M&A Buyer’s Restrictive Covenants Tested Under Delaware Law
Posted in noncompete area, noncompetition covenant term, nonsolicitation of employees and customers, problems with noncompetition covenants, restrictive post-closing covenants Tagged with: appraisal services, asset purchase agreement, blue penciling, business goodwill, competitive business practices, Corporate Law, Court decisions, cross-border agreements, Delaware law, Employment law, enforceability, forestry consulting, legal analysis, M&A legal disputes, M&A Transactions, non-compete clauses, non-solicitation clauses, Preliminary injunction, Restrictive covenants, strategic acquisition, timberland management
BUYER SUES FORMER SELLER’S EMPLOYEE COMPANY FOR TRADE SECRET THEFT
Court rules that former seller employees stole seller trade secrets and are using them to compete against the buyer. M&A Stories March 16, 2023 Introduction When a buyer acquires a business, there is a risk that the seller’s employees may…
Posted in trade secret misappropriation by former seller employee Tagged with: Acquiring a company, Buyer's lawsuit, Competing company, Confidentiality agreements, Former seller's employee, M&A legal, Palltronics v. Paliot Solutions, Preliminary injunction, Trade secret protection, Trade secret theft
Court Denies Buyer’s Request for Injunction in M&A Dispute Due to Absence of Ongoing Arbitration
Read about a recent M&A dispute where a buyer’s request for an injunction was denied due to the absence of ongoing arbitration. Learn how the court’s decision highlights the importance of precise contractual language. Case reference: NUMSP, LLC v. Etienne.…
Posted in arbitration, TRO/preliminary injunction before filing for arbitration Tagged with: arbitration clause, Business acquisition, buyer's request, contractual language, court intervention, injunction denial, Legal Case, Legal dispute, M&A dispute, noncompetition clauses clauses, NUMSP LLC v. Etienne, ongoing arbitration, Preliminary injunction, TRO
Business Buyer Battle’s Seller’s Founder Over His Publicity Rights
Explore the legal dispute between a business buyer and a competitor over the use of a founder’s name for product promotion. Learn about the key court decision and its implications. October 21, 2019 Introduction: In the world of business acquisitions,…
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: asset purchase agreement, Biotene product line, Glaxosmithkline LLC v Laclede Inc, intellectual property, M&A agreements, M&A legal dispute, New York implies nonsolicitation covenant when selling goodwill of business., New York law, non-compete breaches, nonsolicitation obligation, perpetual non-compete, Preliminary injunction, Trademark Infringement
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