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Covenant Not To Compete When Buying or Selling a Business (Part V)

by Staff of the Firm | Jul 21, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

Texas. In Texas, as in many other states, a covenant not to compete is enforceable if: (i) it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; (ii) it is reasonable as to time, geographic area, and scope of activity to...

Covenant Not To Compete When Buying or Selling a Business (Part IV)

by Staff of the Firm | Jul 14, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

New York: Sale of Business and Good Will Beyond the Label. In New York, non-competes used to be strongly disfavored by courts.[1]  Over time, however, courts came to recognize that there are situations in which it was not only desirable but essential to enforce...

Covenant Not To Compete When Buying or Selling a Business (Part III)

by Staff of the Firm | Jul 5, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

Florida: Reasonableness Matters. In Florida, restrictive covenants are not prohibited, so long as they are reasonable in time, area, and line of business.[1]  In the context of the sale of a business or professional practice, Florida courts generally presume...

Covenant Not To Compete When Buying or Selling a Business (Part II)

by Staff of the Firm | Jun 28, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

California: It All Comes Down to Goodwill. Generally speaking, non-competes are void under California law.[1]  Exceptions do exist.  In the context of the sale of goodwill in a business, for example, the seller may agree not to compete with the buyer so long as the...

Covenant Not To Compete When Buying or Selling a Business (Part I)

by Staff of the Firm | Jun 16, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized

If your business employs skilled workers, or you have been one, you may be familiar with non-compete agreement, also known as covenant not to compete.  For those who are less familiar with the subject, it is a contractual provision under which one party agrees not to...

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