News & Analysis as of September 18, 2024

Non-Compete Agreements › Private Equity

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

Venable LLP on 9/17/2024

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Healthcare Private Equity: What to Expect for the Rest of 2024

Bass, Berry & Sims PLC on 8/15/2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time...more

Dialysis & Nephrology Digest - August 2024

Benesch on 8/13/2024

As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more

What the FTC’s New Rule on Non-Competes Means for M&A and Private Equity Transactions

Mintz - Employment Viewpoints on 5/24/2024

By now you have probably heard of the Federal Trade Commission (FTC)’s rule to ban most post-employment non-compete agreements... While much of the conversation has naturally focused on the rule’s significant impact on...more

Dialysis & Nephrology Digest - May 2024

Benesch on 5/10/2024

FTC final rule banning noncompetes grandfathers existing agreements for senior execs - The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more

Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Seyfarth Shaw LLP on 5/3/2024

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or...more

The Road Ahead for Private Equity: Reflections and Predictions

Akin Gump Strauss Hauer & Feld LLP on 3/12/2024

The year 2023 will be remembered as a challenging one for private equity (PE), with complexities to navigate on many fronts. Traditional debt financing was expensive and scarce, expectations on valuations were tricky to...more

2024 Healthcare Private Equity Outlook & Trends

Bass, Berry & Sims PLC on 1/9/2024

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

Infrastructure Insights - October 2023

Latham & Watkins LLP on 10/26/2023

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

[Event] HPE NYC 2023 - October 13th, New York, NY

McDermott Will & Emery on 8/16/2023

HPE NYC 2023 is going to be the best yet! Connect with and gain insights from top executives, innovative founders and visionary investors who are leading the charge in healthcare private equity. Expect in-depth plenary...more

Valuation Trends in Private Equity, Nephrology, Dialysis, Value-Based Care and Outpatient Labs

Benesch on 6/23/2023

Valuations, and how a business reacts to them, directly impact a business’s ability to complete successful transactions. In the healthcare sector, compliance with federal and state laws against self-referral and kickbacks and...more

Dialysis & Nephrology Digest - June 2023

Benesch on 6/9/2023

Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution - Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more

Emerging and Mid-Sized Managers: Preparing for the FTC's Proposal to Eliminate Non-Competes

K&L Gates LLP on 5/15/2023

On 5 January 2023, the Federal Trade Commission (the FTC) published a proposed rule (the “Proposed Rule”) that would broadly ban companies from entering into noncompete agreements with their workers, rescind substantially all...more

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Bass, Berry & Sims PLC on 4/13/2023

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction...more

Legal Insights for Manufacturing

Husch Blackwell LLP on 2/13/2023

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year...more

M&A in 2022 and Trends for 2023

Morrison & Foerster LLP on 1/23/2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Court of Chancery Strikes Down Restrictive Covenants Designed to Protect Private Equity Investments Beyond the Target

Troutman Pepper on 1/20/2023

Recently, the Delaware Court of Chancery issued a decision regarding restrictive covenant agreements that will likely have an immediate impact on the scope of restrictive covenants in private equity transactions. In the...more

Sunny Days Ahead? Key Takeaways from Bass, Berry & Sims Connect During the Annual the J.P. Morgan Healthcare Conference

Bass, Berry & Sims PLC on 1/13/2023

Even the threat of an unprecedented atmospheric river storm could not stop the tried and true from attending the 41st annual J.P. Morgan Healthcare Conference. With a break of sunshine on Monday, we found ourselves asking,...more

2023 Healthcare Private Equity Outlooks & Trends

Bass, Berry & Sims PLC on 1/9/2023

As we kick off 2023, we are optimistic that the healthcare private equity (PE) market will be resilient despite various headwinds. As you think ahead, please consider the issues and trends summarized below that may be helpful...more

Delaware Court Raises Eyebrows by Striking Down Noncompete in Sale Transaction

BakerHostetler on 12/16/2022

The Delaware Court of Chancery (the Court) has raised eyebrows with a recent decision, in the case of Kodiak Building Partners, LLC v. Adams, to strike down a noncompetition covenant binding upon a seller in a sale...more

Trade Secrets/Non-Compete Quarterly Update - Q2 2022

Benesch on 8/2/2022

As with the first quarter of 2022, Trade Secret and Restrictive Covenant activity continues to be robust at both the state and federal level. State legislators continue to introduce, analyze and negotiate restrictive covenant...more

In Back-to-Back Consent Orders, FTC Doubles Down on Private Equity and Non-Compete Enforcement

Vinson & Elkins LLP on 6/17/2022

In a pair of unanimous decisions, the Federal Trade Commission this week issued consent orders resolving challenges to two acquisitions. Both enforcement actions focus on top priorities of the Biden antitrust enforcers...more

Opérations transfrontalières de capital-investissement : enjeux en matière de rémunération des hauts dirigeants et d’emploi

Blake, Cassels & Graydon LLP on 5/19/2022

Dans le contexte des opérations transfrontalières de capital-investissement, de nombreux enjeux propres au Canada se posent quant à la rémunération des hauts dirigeants et à l’emploi. Plusieurs de ces enjeux sont liés au...more

Executive Compensation and Employment Considerations in Cross-Border Private Equity Deals

Blake, Cassels & Graydon LLP on 5/17/2022

There are many Canadian-specific executive compensation and employment issues that arise in the context of cross-border private equity transactions. Several of these issues relate to the treatment of management’s existing and...more

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

Goodwin on 5/3/2022

Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more

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Non-Compete Agreements › Private Equity

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