Acquisition agreements in M&A transactions frequently include provision for payment to be made at closing based on estimates of certain financial metrics that are later subject to a purchase price adjustment based on a final...more
8/22/2023
/ Acquisition Agreements ,
Acquisitions ,
Arbitration ,
Buyers ,
Contract Negotiations ,
Corporate Financing ,
Dispute Resolution ,
Expert Testimony ,
Mergers ,
Purchase Agreement ,
Sellers
In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more
Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more
A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more
9/2/2022
/ Appeals ,
Business Litigation ,
Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
Liability ,
Purchase Agreement ,
Title VII
The Main Street Lending Program, intended to provide credit support to small and medium sized businesses, became operational on July 6, 2020.It includes many borrower-favorable economic terms, including a 5-year term, a low...more